Connell v. Harper

*407Opinion of the Court by

Chief Justice Sampson

Affirming.

In 1896 the will of John F. Payne was probated in the Scott county court. The third and fourth paragraphs of that instrument read as follows:

“Having received from the estate of my father-in-law, Thomas Smarr, eight thousand dollars, I give and devise to my wife, Carrie Payne, one (100) hundred acres of land where I now live including my dwelling house and all the improvements appurtenant thereto to be laid off to the best advantage, as also all my household and kitchen furniture and carriage and pair of horses or mules to be hers,…