Paul W. Bailey v. Thyra Mae Smith as Executrix Last will and Testament Jennie Mclean Bailey

WHITFIELD, J. -- This appeal was taken from an order overruling a demurrer to a bill of complaint brought for the partition of personal property, viz, a savings bank deposit and several mortgages, all payable to ""Paul W. Bailey and Jennie M. Bailey,"" who it appears were husband and wife. It also appears that Jennie M. Bailey died leaving a will in which she bequeathed to her husband Paul W. Bailey one hundred dollars and to others ""all of the rest, residue or remainder"" of the testator's property. Partition is sought on the theory that the wife could bequeath her interest in the property that stood in the joint names of husband and wife.