Carlin v. Helm

A bill in equity was filed in the circuit court of Hancock county by appellees seeking a construction of the will of James D. Helm, who died February 26, 1904, and for partition of the real estate devised. A decree was rendered by the circuit court construing the will differently from that contended for by defendants to the bill and awarding partition in accordance with the interests passing by the will as construed by the circuit court. To reverse the decree they bring the record here by appeal.

The material averments of the bill are: The testator left surviving him Martha, his widow, Aura F.…