McElwain v. McElwain's Guardian

Opinion op the Court by

Chief Justice Hobson—

Affirming.

W. F. McElwain died in the spring of 1910, testate, in Warren County, his will having been thereafter duly probated. He left surviving him his widow and an only son, C. H. McElwain, who then had four children. W. F. McElwain owned at his death two farms in Warren County, one called the home place and the other called the Smith place. His son, C. H. McElwain, was living-on the Smith place while he was living at the home place, *697and his widow continued to live there until her death, six, or eight months after his death. She died intestate,…