Smith v. Bone

The female appellant’s first husband, Car, who owned land and other property, devised bis whole estate to her during her life or widowhood, without any devise over. After her subsequent intermarriage with her co-appellant, without ever renouncing the provision of the will, the surviving children of the testator, claiming the entire estate, brought this suit for partition of the land among themselves. Their title, during the devisee’s life, was denied on the ground that the determination of her estate, depending on an alternative condition, she had elected to hold it during life, and thereby…