Walling v. Scott
Indiana Court of Appeals
Prom Morgan Circuit Court; Joseph W. Williams, Judge. Suit by Lafayette Scott against Mary E. Walling and John E. Walling, her husband, Dora A. Gentry, Lydia J. Tudor and Everett Tudor, her husband. Prom a decree for plaintiff, defendants appeal.
1Opinion of the CourtIbach, J.
— John B. Johnson, who died in 1880, by one clause of his will left to his wife all of his property, both real and personal, that should be left after all his legal debts Avere paid, to have, hold and use during her life. A later clause was as follows: “My said wife, Malissa Johnson, shall pay all my legal debts out of such of my property as in her judgment will be most advisable, and at her death all remaining in her possession shall be sold and the proceeds equally divided between my bodily heirs, viz., Mary E. and Dora A., Lizzie I. and Lydia J. Johnson.” He appointed his wife executrix of…
2Cases cited6 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Rumsey v. DurhamIndiana Supreme Court · 1854
- Comer v. LightIndiana Supreme Court · 1911
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- Brown v. Miller's ExecutorsWest Virginia Supreme Court · 1898
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3Cited by10 opinions
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- Dickey v. Citizens State Bk. of FairmountIndiana Court of Appeals · 1932
- John v. TurnerWest Virginia Supreme Court · 1939
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