Waldo v. Cummings

This case involves the true construction of a portion of the last will and testament of David Mark, deceased. He devised to his wife one-third of his real estate, which was large, valuable and productive, to hold during her natural life, and to receive and to use the rents, issues and profits; also one-third of a large personal estate, to hold absolutely and in her own right. He also made provision for the maintenance and education of his children until they arrived at the age of twenty-one. He then devised all of the rest and residue of his estate, both real and personal, to James Boberts…