Smith v. . Gilmer

The land sought to be subjected to dower was three tracts, viz: The McMurry tract, the Chrisman tract, and a tract of some 756 acres acquired by the deceased, W. R. Smith, under the will of his father, Eli Smith. No question was raised in regard to the liability of the two former tracts. The questions as to the latter were, as to the extent to which they were charged with pecuniary legacies left to various persons in the will of Eli Smith. William R. Smith died in 1868, and Eli Smith, in 1862.

The portions of the will of Eli Smith which it is necessary to state in this connection, are:

"1st. I…