Johnston v. Cosby

This cause is here to review a decree of the circuit court of Logan county construing the will of May Barrett Chappelear, deceased, who died August 31, 1937. Appellee Johnston is the executor of that will and trustee thereunder. He is also administrator of the estate of Mark Barrett Cosby, the only heir-at-law of the testatrix and her son by a former marriage, who died on July 21, 1938, leaving surviving him his widow and Mark Barrett Cosby, Jr., his son, as his only heirs-at-law. In these capacities appellee has filed the petition in this case.

The clauses of the will involved in this…