Dooley v. Penland

W.H. Penland died testate on July 30, 1920, naming C.L. Dooley as executor and testamentary trustee in his will. He had no children, or descendants of children, and was survived by his wife and a number of collateral kindred. His estate consisted of personal property, amounting to approximately $38,000, according to the final settlement of the executor.

In addition to specific bequests of money to his collateral kindred, the will contains the following clause:

"3rd. I will and bequeath to my wife, Mary E. Penland, in the event she survives me all my entire estate both real and personal, during…