Toney v. Toney

G-rieein Smith, Chief Justice.

A plantation known as the McG-ehee Place was devised to six heirs in equal shares. One of the beneficiaries was McKenzie Toney, [“whose] interest is to be entailed on his three children,” naming them. The question is whether the father took a fee, as the Chancellor held, or only a life estate. The parent had acquired the remaining five-sixths.

Appellee cites some of our cases holding that the law favors early vesting of estates. So, where a will is susceptible of a dual construction, Doake v. Taylor, 195 Ark. 490, 112 S. W. 2d 958, and under one the estate becomes…