Daiss v. Hanes

Rosa Hanes, legatee in the will of John P. Varner, deceased, brought this action against Orrien S. Varner, residuary legatee and devisee, and Adam Daiss his grantee, to have her unpaid legacy of $1,000 and interest made a charge upon a tract of farm land, part of the residuary estate of testator, which, by the residuary devisee, had been conveyed to Daiss. The trial court rendered the decree prayed for and Daiss alone prosecutes this writ of error.

Clause 1 of the will gives a legacy of $500 in money to a church organization. Clause 2 gives to the plaintiff Hanes, a niece of testator, a money…