Kemble v. Beardsley

The opinion of the court was delivered by

Mason, J.:

Mrs. Ada Kemble, the widow of P. H. Kemble, who died December 16, 1916, sued 0. 0. Beardsley, the widower of her daughter Vera, upon a note. Liability upon the note was not denied, but Beardsley by way of cross demand set up a claim against the plaintiff for a part of the proceeds of a farm which she was handling as a trustee under her husband’s will. The validity of his claim depends upon the construction of the will. Judgment was rendered against Beardsley, the court holding that his answer stated no cause of action, and he appeals.

The will…