Stevenson v. Druley

• Decision Date: 16 December 1853
• Citation: 4 Ind. 519
• Parties: Stevenson and wife v. Druley
• Court: Indiana Supreme Court

4 Ind. 519

Stevenson and wife v. Druley

Supreme Court of Indiana

December 16, 1853

ERROR to the Wayne Circuit Court.

The judgment is affirmed with costs.

J. S Newman and J. P. Siddall, for the plaintiffs.

J Perry and O. P. Morton, for the defendant.

OPINION

Perkins J.

Disseizin. Judgment below for the defendant.

Jacob Kesling, of Wayne county, Indiana, made the following will and died:

"Know all men by these presents that I, Jacob Kesling, of the county of Wayne and state of Indiana, being weak in body, but perfect in mind and memory, do make and constitute this my last will and testament, in manner and form following, to-wit:

"1. To pay all my just debts and funeral expenses out of my estate, by my hereafter named executors.

"2. It is my will that my beloved wife, Mary, have one-third of all my real estate during her lifetime. I will and bequeath to my wife one stove and my cattle; the balance of my household property, furniture and farming utensils to be sold by my executors and equally divided between my wife and Jacob W. Fisher, my grandson, excepting my clock, my horse, or the price of him, which is fifty dollars, and gears, which I will to Jacob W. Fisher.

"It is my will that my house and lot in Richmond be sold by my executors and the money on hand to be divided as follows: one-half to Jacob W. Fisher, the other half equally divided between my wife and my son, Jesse Kesling's children, if he shall have any, when they become of lawful age; and if not, to be equally divided amongst my widow's children.

"I will and bequeath to Jacob W. Fisher the following described lot of land, to-wit: eighty acres of land lying and being in the county of Wayne and state of Indiana, and being a part of the north-west quarter of section thirty-five, town thirteen; the said Jacob W. Fisher to have possession of, except the widow's dower, by his paying said widow one-fourth part for rent until he becomes of age, and no longer; all which I leave to the sound judgment and discretion of my hereafter-named executors.

"I also will and bequeath to my son, Jesse Kesling, five dollars, he having had his part heretofore.

"I also constitute and appoint my friends, William Fouts and Daniel Clark, my executors to this my last will and testament, revoking all former wills by me made, this the 19th day of February, 1829."

The subject of controversy in this suit is the land described in the clause of said will reading thus: "I will and bequeath to Jacob W. Fisher the following described lot of land, to-wit, eighty acres of land lying and being in the county of Wayne and state of Indiana and being a part of the north-west quarter of section thirty-five, town thirteen: the said Jacob W. Fisher to have possession of, except the widow's dower, by his paying said widow...