Flemister v. Flemister

Bleckley, Chief Justice.

Taking the results of all the' evidence,.both that admitted and that rejected, Flemister, the testator, died in 1866, and his will was probated and admitted to record, but the nominated executors declined to qualify. His residuary legatees. and devisees were his widow and child, in equal shares, with a provision that if the former died leaving no other child, her share was then to belong to the latter. The same persons were his only heirs at law. In the residuum was a tract of land containing several hundred acres, in which the widow claimed dower, which was assigned…