Cowherd v. Fleming

Miller President:

The executors of the will of the late Leonard Mallonee obtained this appeal from the decree below pronounced on the bill and their demurrer and answer thereto, adjudging said will to be void under the laws of the state, because violative of the’ rule against perpetuities, and' that plaintiff being the sole surviving heir at law of decedent was entitled to the whole of said estate, and referring the cause to a commissioner to ascertain said estate and for a settlement of the accounts of appellants.

The provisions of the will including those regarded as voiding it under the…