Givens v. Givens

CLAY, Commissioner.

This is a suit for a declaration of rights, the principal objective of which was to have declared void a long term coal lease ap-pellee obtained from his mother. The Chancellor adjudged the lease valid. Appellants contend this was error, and in the alternative contend that the lease, if valid, should inure to their benefit.

In 1948 W. M. Givens deeded the real estate involved to his wife, Willa Givens, and the deed provided in part :

“To have and to hold to her in during her natural life, then the lands of whatever the parties have not transferred shall belong to the heirs of…