McMurry v. Stanley

Stayton, Associate Justice.

This action was brought by Jessie McMurry and F-lora Brown against the executor of the last will of H. G. Bagley and the devisees and legatees under that will. The plaintiffs claim as devisees or legatees under the last will of F. A. Bagley, who died in the year 1879.

F. A. Bagley was the wife of H. G. Bagley, and her will, which was alleged to have been duly probated, was made an exhibit in the petition. The two clauses upon which the controversy arises are as follows :

“ 3rd. It is my will and desire that my beloved husband shall have all my property, both real,…