Chesnut v. Chesnut

Opinion by

Mr. Justice Simpson,

Both parties to this action of ejectment claim title under the will of Nancy Chesnut, who died seized in fee of the land in dispute. The principal question involved is whether, as plaintiffs contend, the will gave to testatrix’s sister, Sarah Jane Chesnut, only a life estate with power to consume (which was not exercised in her lifetime), or a fee simple estate, as defendants claim.

The will is as follows:

“1st. After all my lawful debts are paid I give, devise and bequeath to my beloved sister Sarah Jane Chesnut all of my estate, real, personal and mixed, every…