Whitehill v. Whitehill

Sarah Whitehill, surviving spouse of Thomas R. Whitehill, died in November, 1927. By the will of her husband, which was duly admitted to probate, she was given “all the real estate and personal property that I may own at the time of my death wherever the same may be situated, she to have the use, benefits and rents from the same during her lifetime, it being my intention to give her a life estate in all of my property only." The remainder, the will devised to John K. Whitehill, appellee herein. Sarah K. Whitehill elected to take under the will.

Thomas R. Whitehill died testate, as stated,…