Smith v. Dellitt

This is an appeal from a decree in a partition proceeding instituted in the circuit court of Mercer county by Ethel Dellitt Smith against Myrtle Dellitt and others. The only question presented for our consideration is whether the court properly construed the last will and testament of Anna Dellitt in determining the interests of the parties.

Anna Dellitt was the owner, at the time of her death, of the west half of the south half of the north-west quarter of section 5, in township 15, north, range 3, west of the fourth principal meridian. She died testate on or about the 8th day of March, 1901,…