Bennett v. Rice, Jr.

Opinion op the Court by

Judge Dietzman

Affirming.

In 1862, Bryant B. Bennett died testate, the owner of two tracts of land, one of which is designated in this record as the “home place.” By the sixth clause of his will, he devised the home place to his mother and wife for their lives and after their deaths to five of his seven children. His widow renounced the will and later was allotted her dower in this home tract. Among the five children to whom this home place had been devised, was ' a daughter, Josephine, who in December, 1863, sold her: one-fifth interest in it to J. H. Bishop. On…