Ussery v. Darrow

FOSTER, Justice.

Appellants filed a bill in equity for the-sale of land for division, and in it set out the claim of those now in possession, and sought an adjudication of their rights.

All parties are asserted to derive title from Jacob K. Swoope, who died in 1871, leaving a will which was duly probated in Lauderdale County, Alabama, where he resided, and where the property here involved is situated. The will provided in so far as his real property was concerned as follows:

“I give to my wife, Elizabeth T. Swoope, one third of all the balance of my property, both real and personal, wherever…