Nave v. Bailey

This is an appeal from a decree for partition, entered by the circuit court of Greene county, granting the prayer of the appellees’ amended bill.

The controversy arises over the construction of the deed of Benjamin Comens, a widower, written in his own hand on April 22, 1845. By this deed he conveyed certain real estate in Greene county to Timothy Ladd, as trustee, for the use of his daughter, Abigail Noel, and her infant children, Benjamin and Ada. The provisions of the deed important here are the premises and the habendum. The former reads: “That the said Benjamin Comens, the party of the…