Pope v. Kitchell

We are asked by this appeal to review a chancery decree of the circuit court of Montgomery county involving the partition of certain lands and the construction of a will.

The facts are not in dispute. William J. Kitchell died testate in January, 1929. His will, executed in January, 1926, was probated and admitted to record soon after his death. Surviving him as his heirs-at-law and legatees were nine children, all of age and under no disability. His wife, Mary Kitchell, pre-deceased him in 1907. A daughter, Vera, the wife of O. G. Black, died after the mother but before the testator. The will,…