Whichard v. . Craft

This is a controversy without action to recover the purchase price of a tract of land, the defendant refusing to accept a deed and pay the purchase price according to the terms of a contract entered into between him and the plaintiff on the ground that the plaintiff has not an indefeasible title in fee.

Eli Hopkins was formerly the owner of said land, and he died leaving a will in which he devised the same in the fifth item as follows: (129)

"All the rest of my real estate wheresoever situated, I devise and bequeath to my beloved wife, Mary Elizabeth, during her natural life or widowhood, and…