Millsaps v. Estes

This case was before ns at Spring Term, 1904, when we ordered a new trial. It is reported in 134 N. C., 486, where the facts are fully stated by Justice Montgomery. We are now asked to rehear the case, and to review and reverse the decision we then made. A brief recital of the leading facts will make plain our reason for not doing so. The plaintiffs brought a suit in 1888 against Estes and others and alleged in their complaint that their grandfather, John A. Millsaps, had devised to their father, W. R. Mill-saps, the land in controversy for and during his natural life, with a restriction…