Leatherwood v. Stephens

Not being able to agree with my associates in the disposition of this case, I hereby file the following dissenting opinion:

The statement of the case, as made in the majority opinion, is substantially correct. Will say, however, the record leaves no doubt but that Mary E. Fogelman executed her will on December 13, 1899, bequeathing all her property to her husband, Mason Fogelman, for-life, with remainder to eight devisees named in said will, share and share alike. On September 26, 1916, Mary E. Fogelman died. On. March 19, 1917, Mason Fogelman filed said will for probate, and same was probated…