Smith v. Smith

This case involves the construction of the following clause in the will of the late J"ohn T. Smith, to-wit.: “I will and bequeath to my beloved wife ... all my real estate . . . after the payment of my just debts.”

“After the death of my wife ... I will and bequeath to my son, Samuel E. Smith, and his heirs, equal shares in my home farm . . . .”

The testator left surviving him a widow and his son, Samuel E. Smith, who, at the death of the testator, had several living children. Between the date of the testator’s death, and the death of his widow, other children were born to Samuel. These…