Word v. Childs

The object of this suit was to have the court below determine and declare whether or not the curtesy of Will Childs in the real estate of which his wife, Carrie Word Childs, died seized and possessed in 1941, was forfeited by his alleged desertion in 1934.

The court below, after hearing the evidence ore tenus, reached the decision that Will Childs had not deserted his wife and, therefore, was entitled to his curtesy in the land in question.

The evidence was in conflict in many material respects. Stating it in a manner favorable to the appellee, who was successful in the lower court, we find…