Thompson v. Smith

VAN OSDOL, Commissioner.

This is an appeal from a judgment and decree for plaintiff in her action to construe the will of Audra D. Thompson, which will disposed of real estate and personalty. Testator died without descendants, but was survived by his widow, Jessie H. Thompson, plaintiff, and by his four sisters, defendants, one of whom did not appear and defend in the trial court and is not a party to- this appeal. The trial court in construing the will held that plaintiff was devised an estate in fee simple.

It is agreed by the parties, plaintiff-respondent and defendants-appellants, that the…