Smith v. Smith

Action to construe the will of Fred Smith who died survived only by his wife and collateral kindred. By his will of October 31, 1941, testator made provision for the payment of debts; bequeathed general legacies aggregating $4950 to forty-seven legatees; devised forty acres of land to a sister; devised and bequeathed the residue consisting of real and personal property of alleged value about $62,000 to his wife, Dora, for life; and appointed his wife executrix, directing that she should not be required to give bond.

The trial chancellor found the testator intended to devise and bequeath a life…