Smith v. Bloomington Coal Co.

Opinion by

Mr. Chief Justice Moschzisker,

This controversy came before the court below in the form of a case-stated, with the stipulation that, if it should be decided plaintiff had a fee simple title to certain real estate, a money judgment was to be entered in Jier favor, otherwise in favor of defendant. It was de termined that plaintiff had bnt a life estate; hence judgment was entered for defendant, and this appeal ensued.

The case-stated agreed on the following facts: E. W. Smith died May 25, 1917, testate, leaving a widow but no children, seized in fee of the land here involved, which…