Henderson v. Potters Orphan Home

Woods, Judge:

The sole question involved here is whether or not certain bequests in the last will and testament of Charles B. Henderson, deceased, are chargeable upon his real estate upon deficiency of personal estate with which to pay them. The executor, H. G-. Henderson, filed his bill to subject so much of the realty to sale as may be necessary for that purpose. The infant child and devisee under the will, and her guardian •ad litem, by counsel, moved the court to align the parties to this suit according to interest, by making the executor a defendant. The court, over the objection of the…