Clay v. McNabb

Opinion op the Court by

Van Sant, Commissioner

— Reversing.

Fannie G-. Hodgkins departed this life in the year 1936, survived by her husband, W. Byrd Hodgkins, now deceased, and her daughter, Elizabeth Hodgkins Clay, both of whom are devisees named in her will, which reads as follows:

“I, Fannie Gr. Hodgkins, do will that at my death, what property I have, after debts are paid shall be kept invested in real estate until Elizabeth is sixty years old. After the upkeep on property is paid, the income is-to be divided equally between my beloved husband and daughter. At Byrd’s death (if she is the…