Whelan v. Payne

MILLIKEN, Judge.

This case involves a judgment awarding title by adverse possession of land assertedly charged with a testamentary trust for the poor. An interpretation of the will itself is determinative of the appellant’s claim.

John C. McBride died testate in 1916, devising his property (except a colt) to his wife by the following language:

“ * * * now I desire that my wife Mary Louisa McBride shall have all the rest that I possess during her life time or during the time that she remains my widow but should she marry again, and cease to be my widow then the I desire that all that I have…