Eubanks v. McDonald

I believe I can make my point of dissent more readily understood by using a series of illustrations and by substituting letters for names.

1. In the case under consideration we have a devise by T [denoting testator] to L [denoting taker of life estate] and then another devise to F [denoting here the step-daughter, or first taker] and the “heirs of her body.”

2. Notes: (a) The quoted words are not the ones used in the will under consideration, hut I agree with the majority that their meaning is the same, (b) I have divided the will into two distinct and separate devises as follows: first, from T…