Biggers v. Gladin

1. Where in the nuncupative will here involved the testator declared in item 7 that he wanted the petitioner to have the "Allen Place," containing 70 acres, more or less, but in item 12 directed that she and each of the other children to whom he had willed certain parcels of land, respectively, pay to his widow the "usual annual rents" therefrom during her lifetime, the will, properly construed, devised to the widow a life estate in such "Allen Place" with remainder to the petitioner.

2. The executors having assented to such devise and delivered to the life tenant the land sued for, such…