Whitmore v. Margaret Paxton Memorial for Convalescent Children

Crump, P.,

delivered the opinion of the court.

I am unable to agree with Judge Christian in this case. In my opinion, the conclusion reached by the learned judge of the trial court was clearly right and his final decree should be affirmed.

Judge Christian has given an outline of the leading facts in the case, so that it is unnecessary to repeat them in connection with the expression of my views. *1020It is essential, however, to bear in mind what was done by the parties and the sequence in which the events occurred.

Mrs. Paxton, the owner of the entire farm, embracing some 850 acres, at the time of…