Lowe v. Rice

The appeal in this cause involves construction of Item VII of the will of Ernest Rice, deceased, who will be referred to as Ernest Rice, Sr. to avoid confusion with his son, Ernest Rice, Jr. and his grandson, Ernest Rice, III.

The original bill was filed in the Common Law and Chancery Court of Dyer County. The primary object of the litigation was to obtain approval and ratification by the court of a proposed exchange of land in which minor grandchildren of Ernest Rice, Sr. were tenants in common, together with other parties to the suit. The court approved the exchange of lands, but in…