Hurst v. Russell

Opinión of the Court by

Judge Dietzman

Affirming.

By his last will and testament, John C. Colson, Sr., devised a tract of land in the city of Middlesboro to his daughter, Eudoxia Olivia Colson, who later married and is now the appellant, Eudoxia Colson Hurst, in the following language:

“To have and to hold the said premises above mentioned and described during her natural life, then to her lawful heirs and assigns forever.”

On December 13, 1927, Eudoxia Colson Hurst, then a widow, and her two sons, Wm. D. Hurst, Jr., and John C. Hurst, also appellants herein, mortgaged the property above mentioned…