Scott v. Scott

This writ of error was sued out to reverse a decree of partition rendered by the circuit court of Henry county. The parties claim title under the will of their father, John. Scott, who died June 27, 1887, owning the land in controversy, a farm of 371 acres, situated in said county. The will was admitted to probate July 9,1887, and letters testamentary were thereupon issued to James C. Smiley, as executor. The use and income of this land were given by the will to Marcy Scott, the testator’s widow, during her life. After making other bequests and devises the will provided:

“Seventh—After the…