Clark v. Connor

On Defendants’ Appeal. The pivotal question involved on this appeal as stated by defendants is this: “Does the Will of J. J. Clark bequeath and devise his estate to his wife absolutely and in fee simple, or does it create a trust?”

The trial court was of opinion that the will created a trust for the benefit of the widow and children, and so held. In this ruling this Court is constrained to hold that there is error. The language used manifestly vested the widow with an estate in fee to the land devised. The words “to take, hold, have and do with as she shall deem best and proper, for the…