Robison v. Elston Bank & Trust Co.

On Petition for Rehearing.

Draper, J. —

In their petition for rehearing the appellants insist that there is no evidence that Lydia’s income was ever other than it was at the time of the writing of the will in question. The evidence does show however that the funds available to her have not been sufficient to maintain her and, as we have, said, we consider this to be such an emergency as is contemplated by the will in question.

The appellants further complain that we do not pass upon the question as to whether the sum of $987.68 received by the trustee from the estate of Clara R. Crawford over…