Penick v. Lewis

Opinion op the Court by

Chief Justice Hurt

Reversing.

This action wa-s instituted by the appellant, Brummal Penick, as executor of tbe will of B. W. Penick, and in Ms own rigbit as a devisee under tire will, for a construction of certain provisions of the will, and for the advice of the chancellor, toucMng the distribution of the estate. There is nothing in the record which indicates the extent of the estate of the testator, except in a limited way, but *232the record does develop that the testator, at the time of the making of the will, was surrounded by circumstances as follows: He was a widower,…