Miller's Ex'rs v. Miller

Opinion op the Court by

Van Sant, Commissioner

Reversing.

On the 13th day of July, 1947, Thomas J. Miller died testate seised of personal property appraised at $39,000 and of real property appraised at $29,000. The farm on which Mr. Miller and his wife lived constitutes a part of the real estate. A part of the personal property consisted of livestock on the farm and corn in the crib, which had been harvested prior to December 31, next preceding his death. At the time of his death, there was a corn crop growing on the farm and which was harvested in the fall of 1947. By a general devise in his…