Schwren v. . Falls

Clark:, C. <7.

This is a controversy submitted without action, and it is agreed that if the plaintiff Pauline Sehwren is seized in fee simple of the land and can make a valid conveyance of the same, she is entitled to judgment. The validity of the deed tendered the defendant by the plaintiffs depends upon the following language in the will of J. M. Washburn:

“3. I give and bequeath to my daughter Pauline the place known as the T. B. Washburn place,” etc. (describing same) “to have the full use and control of the said land, but not to dispose of any part of said land unless she become a widow…