Murphy v. Westhoff

Mr. Chibe Justice Smith

delivered the opinion of the court:

This is an appeal from a decree of the circuit court of Coles county. The decree from which the appeal was taken construed the last will and testament of Thomas M. Pendergast, also a trust deed executed by Kate E. Pendergast, and ordered the partition of certain real estate.

Thomas M. Pendergast died testate on July 1, 1931. At the time of his death he was the owner of three parcels of real estate, referred to in the record as tracts A, B, and C. He left surviving, Kate E. Pendergast, his widow, and Mary H. Murphy, Nelle M. Pendergast,…