Estate of Holmes v. Holmes

George B. Holmes died testate leaving surviving him as his heirs, his widow, Lillian B. Holmes, and an adopted son, the defendant, Glenn C. Holmes. His will was duly admitted to probate February 5, 1932. He left personal property inventoried at $2,229.75 and a. homestead and three other parcels of land, all of which except the homestead, less expenses of administration and a $50 legacy to a cemetery association, was by final judgment of the county court formally assigned to the widow "in accordance with the terms of said will.”

On January 7, 1939, the plaintiff, as trustee of an express trust…