Atkinson v. Kern

Opinion of the Court by

Judge Thomas

Affirming.

The appellant and plaintiff below, Mary Lou Atkinson, is- the maiden daughter of John. M. Atkinson, deceased, who died testate while a resident and citizen of Bath, county in 1880, survived by two children, the plaintiff, and a son, John W. Atkinson, the latter of whom died in 1885 survived by two -children, the appellees, T. Hughes Atkinson and Lucy M. Atkinson. The third clause of John M. Atkinson’s will says: “I will to my son, John, and my daughter, Mary Lou, all the rest of my estate of every description, to their own separate'use and benefit.…