Smith v. Smith

One Thomas Smith, deceased, by his last will devised his real estate, some 240 acres, situated in Otoe county, and being all the land he owned, to his infant son, by the name of Finley Smith. The devisee named was the issue *565of a second marriage by the testator. -To the devise were attached certain conditions, upon the failure to comply with or perform which, the title of the devisee, Finley Smith, in and to the lands devised, was to cease and terminate, and the property devolve on the children of the testator by his first wife, and their heirs. The will further provided that the executors…