Melton v. Wyatt

STEPHENSON, Justice.

Construing the language of a will to prohibit a gift of real estate by the widow to one of her children, the trial court adjudged the deed to be invalid. We reverse.

The pertinent portions of the will are as follows:

“ITEM II. I give, bequeath and devise unto my wife, Zera Brinkley, all of my estate, both personal and real, for and during her lifetime, with the power to use, sell, mortgage, lease or otherwise dispose of as she sees fit.

“ITEM III. All of my property, both personal and real, remaining at the death of my wife, Zera Brinkley, I give, bequeath and devise unto my…