Frost v. Dixon

Atkinson, Presiding Justice.

(After stating the foregoing facts.) A controlling question here is whether it was the intention of the testator that the 1116-acre tract of land at the death of his son, Baldwin B. Miller Jr., without issue, was to vest absolutely in the testator’s then living children or descendants, of deceased children, under item 4 of his will, or whether the- provisions of item 5, limiting the estate there given to a life estate with the provision that should one of his named children die without issue the others should hold only a life estate in the deceased child’s portion,…