Dillender v. Wilson

Opinion op the Court by

Commissioner Stanley

Reversing.

The will of T. W. Wilson is dated June 28, 1916. It directs the payment of his debts and funeral expenses, and devises the rest of his property absolutely to his wife, Louvenia Wilson. Mrs. Wilson died in September, 1919. Without having changed his will, the testator died in September, 1924. He left no children surviving him, and his father, the appellee, William Wilson, is his heir at law. The appellant, Sam Dillender, is the child of Mrs. Wilson by a former marriage and her only heir.

Dillender brought this action of trespass to try title…