June, 1909. J.M. Bowers, for plaintiffs. J.H. Judge, for guardian H.G. Benson. Turner, Rolston Horan, for C.R. Burke. TRUAX, J. Richard H. Benson died September 29, 1889, leaving a will which was admitted to probate October 24, 1889. His wife, Sarah V. Benson, and his two daughters, Harriet G. Benson and Maria C. Benson, and his son, Robert Benson, survived him, and were his only heirs at law and next of kin. The wife and the two daughters were mentioned by name in the will, which, among other things
April, 1904. R.E. Doolittle (Welton C. Percy, of counsel), for Georgianna Vail, individually, and as executrix of Martha E. Vail, deceased. William G. McCready, for Lucretia M. Worth and Nettie V. Shrive. Clayton Ryder, for trustee. Henry W. Wiggins, for State Comptroller. George E. Anderson, for Henry B. Ketchum. SOUTHARD, S. The proceedings which are before this court in the estate of James S. Vail, deceased, are subdivided into three separate motions for various reliefs and arise upon the filing