Major v. Shaver

PINE, Associate Justice.

The complaint alleges the following facts:

Jane C. Mollohan, deceased, left a will in which she provided that the “balance” of her property, real and personal, after the payment of several general pecuniary legacies, was “to be divided equally among my five children.” The five children, who survived her, are plaintiff, defendant, Rebecca M. Shawver, Allen Mollohan, now deceased, and Edison W. Mollohan, Sr., now deceased.

Her estate consisted in part of land in West Virginia. It had been sold for taxes. After her death the five children agreed that defendant should make…