Payne v. Reece

This is a suit to construe the will of Jordan T. Payne. The question arises on the construction of items 3 and 4 thereof, as follows:

"Item 3. All the remainder of my estate, real, personal and mixed, I will, devise and bequeath to my beloved wife, Mary Susan Payne, to have and use and enjoy the same as she may see fit.

"Item 4. If any of said property should be left at the time of the death of my wife undisposed of, it is my will that all said property so remaining go absolutely to John E. Reece, if he be then living, and if the said John E. Reece be not living, then to his children."

Testator…