McDowell v. Kent

Opinion op the Court by

Judge Miller

Reversing.. By his will dated January 22, 1868, Thomas Morgan devised the fifty acres of land in controversy in this action to his daughter Emily, by a clause which reads as follows:

“I want my daughter Emily to have fifty acres of land to be allotted off from the Long Branch and to have the upper end nest to Mrs. Stacker’s land, and to include the house, and not to be disposed of her lifetime and if she leaves no heirs the land is to go to Joseph Forsee and John Forsee and Mary Kent at her death.”

After the death of her father, Emily Morgan married William…