Rumble v. Strange

(After stating the foregoing facts.)

One of the grounds of the defendant’s demurrer to the complaint of the plaintiffs is, that they claim the land in dispute as remaindermen under the twelfth item of the will of Gabriel Parks, when that item does not create a life-estate in Melville J. Parks to the land therein devised, with remainder to his children; but on the contrary vests in Melville J. Parks an estate in fee, subject to be divested if he should die without lawful heirs. If this contention of the defendant is well taken, this ground of her demurrer should have been sustained, and the…