Mitchell v. Mitchell

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from a decree of his Honor, Judge Mauldin, which fully sets forth the object of the suit, and should be reported. '

The exceptions raise two questions: First, under the terms of the will, can the word “issue” be construed to mean children, so as to vest a present title? Can the estate be distributed under the will prior to the falling in of the life estate?

If we hold under the terms of the will that the word “issue” means children, then the agreement between the respondent and appellant is good, and the Circuit decree…