Achelis v. Musgrove

The sole issue in this case is whether the description of the lands devised by the testatrix to C. R. Musgrove was. intended to, and does, include all the lands belonging to the testatrix not otherwise specially devised. Complainant’s contention is that the devise of “my home place, including my dwelling and the land lying contiguous thereto which I own,” must be restricted in its application to the premises immediately contiguous to the, dwelling house, and inclosed with it under a common fence. The argument, in brief, is that the progress of events has destroyed the former unity of the…