Wallace v. Taylor

I concur in the result of the opinion of the Chief Justice in this case, but upon a different line of reasoning, which I shall present.

Action for partition. The controversy turns upon the construction of a certain deed executed by W.W. Hamilton, Sr., March 27, 1900, by which a tract of land containing 180 acres was conveyed; to whom, and upon what limitations, are the questions.

The consideration stated in the deed, is $100 and natural love and affection. The granting clause is "unto the said W.W. and W.R. Hamilton and to their children after my death and not before." The granting clause…