Humphreys v. Taylor

By the Court,

Burnett, J.:

This is an action to recover the possession of certain real estate situate in Washington County, and described in the complaint in this case.

*261This action is brought by the plaintiff, Humphreys, in his fiduciary capacity as executor of the last will and testament of S. P. Taylor, deceased, against L. I. Taylor, the widow of said deceased.

The defense principally relied on is that the will under which appellant is acting provides that until the land in question is disposed of, by said executor-, the wife of said testator, respondent herein, shall have the use thereof for…