Horn v. Peek

FOSTER, Justice.

The bill in this case was filed by appellant and demurrer was sustained to it. We do not think it is well taken.

Appellant is the Louis Horn mentioned in the will of T. R. Horn. The will and codicil are alleged to have been admitted to probate.

Item 3 of the will and Item 1 of the codicil are as follows:

“Third. I will, devise and bequeath to the heirs of my deceased son, J. K. Horn, one hundred and seventy nine acres of land being a part of the old Jim Horn place and being the property where the heirs of J. K. Horn are now living, said lands including the pasture on the south…