Smith v. . Smith

Plaintiff’s title to the land, tbe subject-matter of this litigation, is dependent on the will of bis father, Joshua W. Smith, deceased, tbe devise to plaintiff being in terms as .follows:

“I loan to my son, D. L. Smith, two tracts of land (describing same), to have during bis life, at bis death to bis bodily heirs and to bis wife her lifetime or widowhood,” etc., and charging tbe devisee with payment of certain small amounts in money to persons designated.

The plaintiff, contending that be owns tbe land in fee, under tbe rule in Shelley’s case, subject to a life estate in bis widow, brings…