Seceshia Everly's Adm'r v. Maurice Everly's Adm'r

Opinion op the Court by

Judge Thomas

Reversing.

Maurice Everly died intestate, a citizen and resident of the town of Island, McLean County, in August, 1938. He was survived by Ms wife who was about four years Ms senior, sbe dying in November, 1940, intestate and a resident of the same town and county. The only real property of which the husband was seized at the time of his death, that the record discloses, was a small area of vacant land producing no income.

On October 25, 1937, Maurice Everly had on deposit in the Island Deposit Bank of Island, Kentucky, according to the pleadings, $1,827.95.…