83 Tenn. 78 | Tenn. | 1885
delivered the opinion of the court.
On December 11, 1882, Appless Ford died in Shelby county, testate, and the defendant, Johnston, qualified as administrator of her estate with the will annexed. She left surviving as her heirs and dis-tributees three daughters, A. E. Ford, Sallie Taylor
Eleanor Malloy, one of the legatees named, is ‘the complainant, the wife of A. Kimbro, and is one of the two children, the other child being a boy, of A. F. McMullen, a living daughter of the testatrix. It is conceded that the legatees described as Mary’s daughters in the bequest, are the children of Mary F. Rains, the deceased daughter of the testatrix, who also left one son; and that James’ daughters are the children of James N. Ford, the deceased son of the. testatrix, who also left three sons.
It is conceded by the learned counsel of the complainants that, by the English authorities, the legatees under the present bequest would take per capita, each of the daughters of Mary and James receiving .an equal share with the other named legatees. But
The chancellor’s decree will be affirmed. The appellants will pay the costs of this court. The costs-below will be paid as directed by -the chancellor.