Kinney v. Kinney

Cooley, Ch. J:

The controversy in this ease is upon the construction of one clause in the will of Arnold Kinney, which is as follows: “I give and bequeath to my wife Drusilla, if she shall survive me, so much of my property, both real and personal, as is allowed by law to widows in cases where no will is made, or in lieu of personal property allowed her by law, I give and bequeath to her five hundred dollars, to be taken by her in case she shall so elect, instead of the said personal property aforesaid.” The widow elected to take what she would be allowed by law if there was no mil.

The…