Stuart v. McWhorter

Opinion of the Court by

Judge Clay

Affirming.

Mrs. Jennie B. Kirkland died December 25, 1928, leaving a will dated March 5, 1923, by which she devised all of her estate, after the payment of her debts, to her husband, G-. W. Kirkland, for life and on condition that he remain single. Clause 3 of the will originally read as follows.:

“At the death of my said husband, Gr. W. Kirkland, I desire that if any remainder of said estate exist that same be divided equally between my brothers, L. R. McWhorter, H. McWhorter, Jim McWhorter and Lon McWhorter, and my nieces, Lillian Kirkland Stuart .and Myrta…