Burton v. Campbell

Opinion op the Court by

Judge Thomas

Reversing.

The appellant and plaintiff below, J. R. Burton, and his half-sister, the appellee, Mrs. Minnie Irwin, are the only heirs of Mrs. Margaret Lucy Virginia Miller, the latter dying intestate a resident of Warren county, in 1914. At the time of her death the mother resided upon a tract of land in Warren county consisting of 100 acres, which she had obtained by deed executed to her by Isaac Miller and wife on September 25, 1871. A part of the habendum clause in that deed is; “To the use of the party of the second part (Mrs. Miller) and her children…