Eckhardt v. Phillips

Me. Special Justice Edward J. Smith

delivered the opinion of the Court.

For the second time the court is asked to construe the will of R. S. Phillips, Sr. The question presented for decision on this, as on the former appeal, is whether the estate devised to Swep Sidnor Phillips, the surviving son of the testator, was a base fee or a fee simple absolute.

With underscorings'of the testator, the will is as follows :

“I, R. S. Phillips, Sr. of Donelson, Davidson County, Tennessee, being of sound mind and fully capable of attending to my own business, make this my last will, hereby revoking & making…