Lee v. . Lee

The plaintiff’s title to the land contracted to be conveyed was derived from the joint will of Merilda and Ersula Lee. The pertinent provisions of the will are as follows:

“Item 2: We give and devise to our cousin, T. W. Lee, the tract of land on which we now reside, containing one hundred seventeen and one-half (117%) acres for his natural life in fee simple.

“Item 9: Our will and desire is that all of the residue of our estate, if any, after taking out the devise, and legacies above mentioned, and marking our graves with turne stones shall go to our cousin, T. W. Lee.”

Upon the death of the…