Rogers v. Nixon

NORVELL, Justice.

The controlling question presented by this appeal is whether S. H. Nixon took a determinable fee or a life estate only, under the last will and testament of his wife, Lucy Nixon. The pertinent provisions of the will involved read as follows:

"I give all my property, both real and personal, to my husband, S. H. Nixon, to use, manage, sell and dispose of as he may see fit and proper just as long as he .remains unmarried, and in case of his marriage after my death, then such property as remains on hand shall go to my children share and share alike, and if any of my children have…