Byrne v. Hume

The complainant, as survivor or herself and 'William Byrne, brings this suit against defendant, as executor of the last will and testament of Thomas Byrne, deceased, to recover the sum of $2,429.34, part of a legacy of $3,500 left by said will to herself and her husband, William Byrne, now deceased. The sum in dispute was paid by the executor to satisfy a mortgage upon a farm devised by the same will to the said legatees.

The will of Thomas Byrne, under which this controversy arises, was made on January 17, 1882, and contained the following provisions:

“Second. I give and devise to my father…