Wells v. Dickens

Assuming the truth of plaintiff’s allegations, the first question presented by this appeal is: Does the will of testatrix impose upon plaintiff the obligation to choose between a one-third interest in fee in the Cobb Farm and the fee in the one-third undivided interest in the property devised to him in Item 8 of testatrix’ will?

The complaint alleges: (1) Wells conveyed the Cobb Farm to testatrix by deed of gift. Before and at the time of the conveyance she agreed with him that she would hold the land for the benefit of Wells’ three children, subject to her use of it during her lifetime, and…