Nagee v. Morehead

On the 6th day of September, 1887, A. J. Magee, then the owner of the land here in question, conveyed an estate therein to his daughter, Itoena Magee Smith; the deed in its operative words of conveyance reading as follows: 1'1 hereby sell and convey to her (Mrs. Buena M. Smith) during her natural (life) and to the heirs of her body and to my natural heirs should she die without living issue,” etc.

It is the contention of appellant that the estate created under this deed was a contingent remainder of a double aspect, and that the time for ascertaining the class to receive the remainder, the…