Mustain v. Gardner

The appellants are the heirs-at-law of one Ola I. Mustain, who departed this life on the 11th day of December, 1900. They filed a bill in equity in the circuit court of McDonough county against Sarah A. Gardner and Charles H. Gardner, her husband, for the partition of lots 3 and 4 in block 5, in Davis’ addition to the village of Blandinsville. The title to the said lots was in one John T. Mustain at the time of his death. He left a will containing but two clauses, which are as follows:

“First—It is my will that my funeral expenses and all of my j ust debts be fully paid.

“Second—To my beloved…