King v. Howlett
King v. Howlett
Opinion of the Court
Opinion by
At the death of Pliram Withers he left three children, one dying-in infancy, and the other two surviving until they arrived at age. He left a will by which he devised his estate to his wife for life or widowhood and then to his children, with the request to the wife that if she could spare such child’s portion as they arrived at age to let them have it. It was discretionary with his widow whether she would make a distribution during her life, as under the plain provisions of the will it belonged to her until her death. James Withers, one of the children, died and left a will by which he gave his estate to his mother during her life and then to his sister Hannah and her children.
His sister was then a widow with children, and has since married King, by whom she has had children. The devise was to the children of Mrs. King then bom and to be born, and not restricted to those living at the date of the will or when publication was made. There is no ambiguity in the will in reference to this question, and there was no intention on the part of the devisor to exclude any of
Judgment reversed and cause remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.