First Nat. Bank of Paris v. Wallace

(after stating the facts as above).

The two points on appeal, presented respectively by the bank and Mrs. P. K. Wallace, are: (1) Whether the rule in Shelley’s Case applies to the portion of the will devising the 181.7 acres of land in controversy;' and (2) whether Mrs. P. K. Wallace and her husband had a homestead interest in the land at the time the deed of trust thereon was executed. It is uniformly conceded’ that the rule in Shelley’s Case is a rule, not of construction, but distinctly of law and property. 24 R. C. L. p. 905; 2 Alexander on Wills, § 901. Such rule forms no part of the…