Hodges v. . Stewart

This appeal presents the question of the validity of the provision in the will of D. J. Stewart wherein he devised to his son, Jesse C. Stewart, twenty-five acres of land out of the home tract of 82 acres. The devise is expressed in the following words: “My son Jesse C. Stewart shall have to his use and benefit forever in fee simple twenty-five acres of the home tract of land including the building and outhouses, and the remainder of my real estate to be divided equally among all my children,” naming them, including Jesse C. Stewart.

We are of opinion, and so hold, that the devise to the…