Schell v. Carpenter

The defendants demur to a complaint in partition on the ground that the plaintiffs have no interest in the real property.

The essential allegations are:

Aquilla Giles Stout died in 1857, leaving a will by which, in the residuary clause, he devised his entire estate, with the exception of a few articles of personalty, to his executors in *402trust for the benefit of his wife for life. This clause further provided: “ TJpon the death of my said wife, to divide the said trust estate into equal shares or portions and to convey and transfer one of such shares or portions to my said son, in such manner,…