Sexton v. West View Land Co.

CULLEN, Commissioner

Under the wills of Joseph Mayberry and Isabella, his wife, their homestead was devised to their son, Louis, who was one of nine children. The wills contained certain precatory language concerning the treatment and consideration Louis should give the other children. Upon Louis’ death, the property passed by his will to his widow, Sarah. Six of the children of Joseph and Isabella then brought this action against Sarah, seeking a declaration that the wills of Joseph and Isabella created a trust under which the children had conditional rights to use the property. Judgment was…