Given's Admr. v. Shouse

Opinion by

Judge Pryor :

The testator, Dr. G. W. Givens, at the time of his death owned *373a considerable estate, a portion of which consisted of mountain land valuable only for the coal under its surface. By his will he directed his executors to retain the control and possession of this mountain land for the period of five years after his death or for a longer period if they thought it to the interest of his estate. After the five years, or after their discretion terminated as to use and possession, they were to sell the land and give to his widow one-third of the proceeds, his daughter one-third…