Scott v. Currie

LESLIE, Chief Justice.

February 26, 1936, Mrs. M. L. Phillips purchased a section of land (66), paying therefor $8,441.16. There was an indebtedness against the land of $2,441.16, secured by a deed of trust in favor of a Federal Land Bank. She paid $6,000 of the consideration in cash and personally assumed the payment of the debt held by the Bank.

Thereafter, on December 14, 1938, she executed the will herein involved, and, without mentioning therein the above indebtedness, she devised in “Item Eighth” said section of land to plaintiffs, her nieces.

The controlling question presented by this…