Wagoner v. Evans
Wagoner v. Evans
Opinion of the Court
The additional facts -which plaintiff requested the court to find appear in .the record only in. the plaintiff’s unverified motion filed nine days after tire judgment had been entered. The judge was correct in overruling this motion. However, even 'if we assume that the B-ryant farm contains only 74.5 acres instead of the 100 acres the testator apparently thought it contained, this- discrepancy in acreage makes no 'difference. It is clear from the will that the devisor intended that plaintiff 'should have the Bryant farm and the designated ten acres from the J. A. Wagoner place, irrespective of the acreage contained in each. These two farms are distinct parcels. Mrs. Wagoner and her (husband who predeceased her had owned them a number of years, and ishe was familiar with each. In ¡her opinion, the Bryant farm plus ten' acres’ made the plaintiff equal with the defendant.
The judgment of the court that plaintiff owns the W. F. Bryant farm plus the specified ten meras from the J. A. Wagoner tract and that defendant owns the J. A. Wagoner .tract less the ten acres to be laid off to the plaintiff is
Affirmed.
Reference
- Full Case Name
- H. WELDON WAGONER v. ANNIE MAE EVANS
- Status
- Published