Fries v. Fries

Appellant brought this suit to establish his title to a one-third interest in certain real and personal property left by his father, who died testate in 1904, and for partition. The construction of the father’s will is the decisive question. Demurrers were filed by the several respondents and sustained, and appellant refused to plead further. Judgment was .rendered accordingly, and this appeal followed.

Appellant is the son of Christian Jacob Fries, Sr., by a. first marriage. Respondents Amanda and Alma are daughters by a second marriage, and Amanda is the executrix of the will of her mother…