Toucher v. Hawkins

The testator whose will is under construction in this ease executed his will several years before his death. The will was in the following language: “I hereby will that my entire property, all that I now have or may hereafter possess at my death, to remain just as it is without any division whatsoever so long as my, wife, Mattie J. Hawkins, may live, and then the entire property to be equally divided between each of my children.” Prior to the death of the testator, one of the children, a daughter, died, leaving two children. This suit is brought by these two grandchildren of the testator,…