Wheeler v. Ballard

The opinion of the court was delivered by

West, J.:

In 1886 Benjamin Yancy willed the land in controversy to an adopted niece, Adaline Anderson, “after the death of my beloved wife Eliza and myself.” He died shortly thereafter and the widow elected to take under the will, she being an unlearned colored woman then about seventy-five years of age. She continued to reside on the land until about 1907 and had the use thereof until her death, March 1, 1912. This action was begun by Adaline Wheeler, as heir of the widow, against the heirs of the devisee of the fee in remainder, and having been…