Godfrey v. Rowland

*578OPINION OF THE COURT BY

HARTWELL, J. (Frear, C.J., Dissenting.)

This was an action of ejectment in which the plaintiff obtained a verdict. At a former trial the defendant obtained a verdict which was set aside. 16 ITaw. 377. The plaintiff claims the land as trustee for Thomas Metcalf the lawfully begotten son of Frank Metcalf to whom it was devised for life over in fee to his lawfully begotten children. We held in this case (p. 389) that the conveyance in fee from the life tenant to Helen Rowland, who would have taken on his dying without lawfully begotten children surviving, did not cut off…