McDaniels v. Hayes

This case was brought on error into this court from the court of common pleas. The petition in the court below was filed by the three children of Isaac W. Hays, asking for the recovery of certain real estate claimed to set aside the deed that Frank M. Hays had received from Isaac W. Hays, or to have the court of common pleas pronounce it null and void.

The title of the defendant rests upon the construction of the will of one James W. Hays, who died in May, 1895, leaving a will that was executed in 1890, and a codicil thereto which was executed in 1895. The petition sets forth a portion of said…