Gatewood v. Pickett

Affirming.

This controversy arose over what estate the children of R. F. Scruggs took under their father’s will in certain real estate owned by him, and was submitted to the chancellor under sec. 637 of the Civil Code of Practice. The chancellor in a well-reasoned opinion declared that the children took a vested remainder subject to their mother’s life estate, the possession and enjoyment of which might be accelerated by her remarriage, and adjudged that the deed executed by the widow and her children passed a fee simple title. The purchaser appeals.

The pertinent parts of the will read:

“Second:…