King v. . Utley

Smith. C. J.

The single question presented in the case agreed upon which judgment was rendered for the defendant in the court below, arises upon the construction and operation of the following clause contained in a codicil to the will of Woodson Clements:

“I loan to my daughter, Candis Utley, the tract of land that I bought of Henry Utley, lying on Buck branch, to her, her natural life, and after her death, I give the same to her heirs forever.”

The testator executed his will and died in the year 1837. The feme plaintiff is the daughter of the devisee and the defendant, who upon the death of his…