Scanlin v. Peterson

The intent and effect of the second paragraph of the will are unmistakable. The right therein given to William Scanlin and his family to make their home on the premises in which the testator’s wife, Martha, was given a life estate contemplated, as to his “family,” a joint occupancy, with him, and a continuance of his life use during such occupancy of the premises. The succeeding sentence has no reference to that occupancy, but deals solely with the conditions under which a bequest to the testator’s wife of $800, in addition to her life estate, might become effective, i.e., only if William die…