Rogers v. Winklespleck

Hackney, O. J.

By the first eight items of his last will, Oliver Rogers gave to each of his eight children, *374five dollars, and the ninth, item was in. these words: £ £I give and bequeath to my beloved wife Martha Rogers, the residue of all my estate, both personal and real, after all just debts shall have been paid, subject to a division among the aforesaid heirs at her death, in accordance with their obedience to her as she shall deem proper. ”

Of the lands of which the testator died seized, the widow, upon the theory that she held a fee simple absolute, conveyed one tract, upon which a…