Totten v. Dawson

Woods, Judge.-

A bill was filed in the circuit court of Upshur county by appellant W. G. L. Totten, the only brother of Emma E. Heavner, intestate, for tbe purpose of ascertaining whether his sister, under the will of her husband, George T. Heavner, deceased, had taken the real and personal property bequeathed absolutely, or only a life estate therein. The sisters of Emma E. Heavner, deceased, or their descendants, together with the “brothers and sisters” of George T. Heavner, deceased, were made parties defendant to the suit. The circuit court found that Emma E. Heavner had taken only a life…