Nelson v. Nelson

Opinion by

Judge Hargis:

The fifth clause of the will of Wm. H. Nelson, under which the appellant claims that James H. Nelson, the son of the testator, took a life estate, is in these words:

“I give and bequeath to James Nelson’s children that he now has, or may hereafter have, one equal portion of my estate, that is, the same portion my son would have received. They are to take toward *938that portion the farm on which they now reside. If that is more than their portion, then they are to pay back to my estate any over-plus. This portion is given to my son’s children, but their father is to occupy,…