Wilcox v. Central National Bank

DISSENTING OPINION

By CARTER, J.

I cannot concur in the conclusion reached by my associates. for the following reasons.

Testator George H. Olmsted died April 8, 1925. In Item 21 of his will be made provision for Eva Lynn Brakeman, a niece of testator by marriage, therefore not a blood relative. Eva *71Lynn Brakeman survived testator by approximately seventeen months, she having died on September 5, 1926, intestate; unmarried and leaving surviving as her only heir Margaret Brakeman, later known as Margaret Brakeman Cox, Margar r et having married Robert Cox on or about August 17, 1940. Margaret…