Smith v. Davis

The facts are sufficiently stated in the opinion of the court, delivered by

Woodward, J.

— Samuel Davis, by his will, bequeathed to his daughter Elizabeth, household furniture, a horse and cow, “ and also one-third of the remainder or balance of money that may be left after paying all my just debts and funeral expenses.”

The question is, whether that was a bequest of one-third of the balance of cash on hand at his death, after paying debts, or of a third of the balance of the whole personal estate. If the former were intended, Elizabeth took nothing under this clause of her father’s will, for…