Stahr v. Mozley

Opinion of the Court by

Judge Cammack

Reversing.

This ease involves the question of whether Mrs. Johnie P. Mozley, nee Thomas, was bequeathed a life estate or a fee simple estate under the will of her mother, Mrs. Emily J. Thomas, deceased. The lower court held that she took a fee simple estate. The appellants, defendants below, contend that Mrs. Mozley took only a life estate.

The essential provisions of the first clause of the will are:

“I hereby give and bequeath to my two younger daughters, viz.: Emily E. Thomas and Johnie P. Thomas, all of the tract of land on which I now live, which tract of…