Smullin v. Wharton

I cannot, for the reasons hereinafter stated, concur in the opinion of the majority in this case. The record is replete with proof that, until the last hearing in the district court, the litigants treated all of the estate referred to in the fifth paragraph of Mr. Boggs’ will as the rest and residue of the estate. The transcripts filed in this court disclose that Mr. Boggs died June 1, 1895; that Westerfield acted as special administrator until he quali*570fied as trustee March 22, 1902; that the probate court allowed Mrs. Wharton $300 a month for her support pending the settlement of said…