Levengood v. Hoople

This was a suit in the St. Joseph Circuit •Court for the partition of the land described in the complaint, and, also, to quiet the title to the same as against the appellee Mary Hoople. It appears by the complaint that David Rupert died in the month of November, 1870, seized in fee ■of the land in dispute, and leaving as his only heirs the appellee Mary Hoople and five children, among whom is the appellant Emma Levengood. At the time of his death the .said David Rupert left a will containing the following clause:

*28“First, I give and bequeath to my wife Mary and heirs, for her to dispose of as…