Ballenger v. Drook

A demurrer having been sustained to appellant’s complaint, he appealed, and assigns that ruling as error.

The material averments of the complaint may be summa*173rized as follows: John Drook died testate in 1870, the owner of real and personal property, and left surviving his wife and ten children. After a provision for the payment of debts and funeral expenses, there is a provision in the will for the disposition of the remainder of the personal estate, and of the real estate, as follows: “ The remainder thereof” (personal estate), “if any there be, I give and bequeath unto my wife Saloma, to…