Whichard v. . Whitehurst

STACY, J., dissenting; ALLEN, J., concurring in the dissenting opinion. This case was submitted under C. S., 961, upon the following "facts agreed." In 1871 John F. Whichard and his wife conveyed to their daughter the land in controversy, duly described, "unto said Anne E. Page and her nearest blood relations forever."

At the date of said deed, said Anne E. Page had living one son, named Billy Page, who died before reaching his majority, and left no children, but since the date of said deed there has been born to her five children, who were living when Billy died.

In 1910 said Anne E. Page…