Luscher v. Luscher

Opinion op the Court by

Clay, Commissioner

Affirming.

This action was brought by appellant for a construction of his mother’s will, and to have a tract of land devised by her partitioned among her three sons. The Chancellor set apart to appellant a portion of the prop erty, which on this appeal he contends does not comply with the terms of the will.

At the date of the testatrix’ death she owned a tract of land containing approximately 138 acres on the Lees-town Pike about a mile northwest of Frankfort. The tract is oblong in shape, faces on the highway with a frontage of 1061 feet, extends…