Gilbreath v. Cosgrove

John A. Waller died possessed of real and personal property which he disposed of by will. He named the defendant as executor of this will and he left a widow and two adult children. By provision of the will, he devised to the two children 162 acres of land known as his “Home Farm.” He had one other tract of land, consisting of 196 acres, which he disposed of by “Item Third” of his will in the following language:

“I direct my executor hereinafter named to sell, for cash the following described real estate: (Describing it). And I further direct my executor to pay my wife out of the proceeds…