Smith v. Caswell

The suit is to construe a will and quiet title. The court dismissed the bill.

William R. and Sarah J. Smith, husband and wife, owned a 40-acre farm by the entireties. They had seven children, two of whom, plaintiff and Martha, both unmarried, lived at home during their parents ’ lives and afterwards.

March 28, 1908, William and Sarah executed a joint will, the opening words of which are:

“I, William R. Smith, and Sarah J. Smith, IIusJointly

band and wife,” etc.

It provided:

“ Second, We give, devise and bequeath to John W. Smith and Martha A. Smith, our son and daughter all our real estate,…