Smith v. Smith

The lot of land involved in the present suit was conveyed by deed in 1874 to Mary J. Smith, “for the use benefit *533advantage in trust for said Mary J. Smith as aforesaid for her life . . for her sole and separate use and on her decease to such child or children they being heirs of her body that she may leave in life.” The habendum clause is as follows: “To have and to hold the above described lands in trust to her, the said Mary J. Smith and her children, the heirs of her body as above specified.” The life-tenant under the deed referred to had several children, four of whom survived her. The…