Duncan v. Duncan

Opinion of the Court by

Judge Miller

Reversing.

D. D. Duncan, of Logan county, died testate in 1910; and the only question presented by this appeal is, wbat character of estate did the sons, Walter, Daniel, and Thomas Duncan take in the home place of their father.

By the first clause of his will the testator directed the payment of his debts and funeral expenses, and the erection of a monument at his grave.

The second clause reads as follows:

“I give and bequeath to my beloved wife, Fannie R. Duncan, during her life, and after her death, to my three sons, namely: Walter, Daniel and Thomas Duncan,…