Elrod v. Cowart

Carley, Justice.

Henry E. Smith (Testator) died in 1970. In pertinent part, Item 4 of his will disposed of his real property as follows:

I will, bequeath and devise all real estate . . . which I own at the time of my death to my son .. . Will Henry Smith [Life Tenant] for and during his natural life with the remainder to my [four] daughters . . . , my grandson Dean Smith and any child or children of [Life Tenant] who shall together take an equal part with my . . . four daughters and . .. Dean Smith, share and share alike. If any of [the] four ... daughters are deceased, the share of the…