Miller v. Hill

Opinion op the Court by

Judge Tilpord

Affirming.

By Ms will probated on July 15, 1924, W. E. WMtely devised Ms residuary estate to Ms wife, Margaret Whitely, during her life, and at her death to Ms son and only-child, Loren E. Whitely, during his life with remainder to his “lawful issue, if any, if none, then to his heirs at law. ’ ’ On August 7, 1924, the widow and son and the latter’s wife appealed from the order of probate to the Circuit court, and on December 10, 1924, a judgment was entered by that tribunal reciting that the alleged will was not in fact the last will and testament of W. E.…