Harper v. Springfield

*825OPINION

McDONALD, Justice.

This is a partition suit involving a construction of the will of J. D. Erskine, who was stipulated to be the common source of title.

All facts are stipulated. J. D. Erskine executed his will in 1901. Sarah Elizabeth Springfield was his niece. Sarah Elizabeth Springfield was the mother of Thomas, Jesse, and James G. Springfield, who were her only children, and who were all living in 1901 when the will was executed and in 1906 when the will was probated. Thomas Springfield died in 1926; Jesse Springfield died in 1944; James G. Springfield died in 1949. Sarah Elizabeth…