Waddell v. . Aycock

Upon the face of the pleadings — the complaint, the answer, and the reply — there appear certain undisputed facts. Harris Waddell made a will, the second item of which is in these words: “I give and devise to my grandsons, John Waddell and Henry Waddell, my tract of land lying on the north side of Molton Branch, said to contain 150 acres, to be equally divided, John’s to be to him, his heirs and assigns forever, Henry’s part I lend to him for his use his lifetime, and at his death I do devise to his heirs forever.” Not John’s interest, but Henry’s, is in controversy. It is manifest that in…