Cooper Ex Parte

It becomes necessary in this case to construe a clause of the will of W. A. Cooper, which is in the following words: “And I bequeath to M. W. Cooper a certain tract of land (fully described) for the use of Arch Cooper, son of W. D. Cooper, and (if) Arch Cooper ever marries and has a lawful heir they have this land.” The appellants make two contentions: First, that the rule in Shelley’s case is applicable, and that Arch Cooper took a fee-simple estate in the land, and, second, that if the words 'lawful heirs are construed to mean “children,” and the will should be made to read “to the use of…