O'Neil

The plaintiff is administratrix of the estates of the two decedents named above, who were children of Martin Johnson, deceased. The action is against the estate of their stepmother, Mary Johnson, who at the time of her death was the widow of said Martin Johnson, deceased. The other parties defendant are heirs and legatees under the will of Mary Johnson and the executors in the estate of Martin Johnson, deceased. This is an action in equity to have it determined that plaintiff is the owner of one-half of so much of the estate of Mary Johnson, deceased, as came to her estate by the will of her husband, said Martin Johnson, deceased. Plaintiff recovered judgment, and the defendants, claiming under the will of Mary Johnson,.appeal.

The evidence at the trial was almost entirely documentary. It gives the history of the property in question and shows the manner of its passing from Martin Johnson to his widow, Mary Johnson, which gives rise to this action and the contention of the parties hereto.

Martin Johnson’s will was executed May 20, 1914. At that time his wife, Mary Johnson, was living, and also his three children by a former marriage—Johanna, Nellie and Henry. By his will Martin…