Bennett v. Flemming

MARSHALL, C. J.:

Epitomized Opinion

James Bennett left by will certain real estate to his daughter, the defendant, for life, with remainder to the heirs of her body, and further providing that if Mrs. Flemming died without surviving issue, the real estate should pass, equally to other children, with remainder to their children. Mrs. Flemming, during her life time began an action under Section 11925 GC, to terminate the life estate, as provided therein, and alleging that there would be no substantial injury to the heirs in tail. The property was sold on decree without appraisement and Mrs.…