Brewer's v. Smith

Opinion of the Court by

Creal, Commissioner —

Affirming.

H. C. Smith, a resident of Mercer county, Ky., died testate in the year 1917 and left surviving, as his only children and heirs at law, Charles Smith, Will Smith, Mary Smith Brewer, Price Smith, and Ida Smith Brewer, wife of John Brewer. Subsequent to the death of his father, Will Smith died leaving as his only heir at law a son, Carroll Smith. Ida Smith Brewer, to whom no children were ever born, also died. By his last will, H. C. Smith devised to each of his five children one-fifth of his estate in fee simple.

After the death of Ida Smith…