German v. Frey Planing Mill Co.

Opinion op the Court by

Drury, Commissioner

Reversing.

This appeal is prosecuted from a judgment subjecting the interests of remaindermen to a mechanic’s and a materialman’s lien for improvements put upon the property by a life tenant and adjudging the mortgage lien of Mrs. German inferior to the other liens.

In 1894 Thomas B. Malott died leaving a will of which we copy here so much as concerns us, italicizing certain portions thereof for the purpose of emphasis:

“Item 1. It is my will and I hereby direct,, that after my death my executrix hereinafter named, shall as soon as convenient after my…