Miller v. Cox, Exr.

This was an action brought by Linton A. Cox, executor, to construe the last will and testament of Mattie Osgood, deceased; to this action LeRoy B. Miller, appellant herein, was made a defendant and made answer and claims that under the terms of said decedent’s last will and testament, he is entitled to the legacy described in Items 2 and 4 thereof, he being the husband of Sarah Edna Miller, who died prior to said testatrix, leaving no issue. „

The cause was submitted to the court for trial without the intervention of a jury, and, pursuant to the request of the parties, the court made special…