Hall v. Spencer

Clay, Commissioner

Affirming.

This suit involves the ownership of 48 acres of land devised under the will of Enoch Eakins. Appellants are his heirs and the principal appellee asserts title through Birdie M. Denton (Spencer), one of his daughters.

Enoch died in 1905, leaving a will which devised his wife a life estate in all his land. He directed that upon her death “said land shall be apportioned and divided *275between my children,” of whom there were several. He attached to his will a survey setting out by metes and bounds the several portions which were to pass to his children. The fifth clause…