Rood v. Hovey

The controversy in this case turns on the question whether, under a will which created a life interest in lands, the remainder belonged to those children who were living at the death of the testator, or to those only who sur*399vived the life tenant. Defendants are the widow and heirs of one of testator’s children who survived him, but who died during the life tenancy referred to.

The will of Lansing Rood was executed February 14th, 1859, and he died the following April. All of the children living when the will was made survived him, and he had no posthumous children. He left a widow, Rhoby Rood,…