Appeal of Hewitt

Under the agreement of parties, made in this Court, the only material questions presented by this appeal are the construction and validity of the deed of the 15th of May, 1869, executed by the appellant, Elmer Hewitt, Jr., to Amelia Smith, whom he subsequently married. The questions arise in this way: Elmer Hewitt, Sr. died in 1856, leaving a will by which he directed all his property to be sold by his executors and to be divided by them among seven of his children. In a part of the property his wife, Grace Hewitt, had a life estate, and the sale and division of this he directed should be…