Eaton v. Broaderick
Eaton v. Broaderick
Opinion of the Court
This case presents for construction the will of J. M. Eaton. The reporter will set out this will in full.
We concur with the chancellor in so far as he held that the proceeds of the cotton on hand at the death of the testator were bequeathed to the widow absolutely, and also in so far as he held that any money or other personal property than the cotton and the notes passed under the statute of descents and distribution to the widow and his children and grandchildren according to that statute.
We do not concur in his construction as to the title to the land or the proceeds of the notes. We are clearly of the opinion that the will vested a life estate in the widow in the land, and in the proceeds of the notes by necessary implication.
We also concur in the chancellor’s holding that the tenants in common who made improvements should keep those improvements, and, if possible, have allotted to them the land on which such improvements may have been erected, without being charged with rent on his improvements. The land will be divided at the death of the mother, the widow, as directed in the will.'
Reversed and remanded.
The above opinion is adopted • as' 'the opinion of the court,- and for the reasons 'therein' indi- ' cated the decree; is reversed, and the cause remanded, to he proceeded with, in accordance with the foregoing opinion. - . ,
Reference
- Full Case Name
- John Eaton v. Roscoe Broaderick
- Status
- Published
- Syllabus
- 1. Wills. Construction. Rule of descent. Tenants in common. Improvements. Where a testator directed in his will that the cotton on hand be sold as soon as possible and the money turned over to his wife, the proceeds of the cotton were devised to her absolutely. 2. Wills. Construction. Rule of descent. Personal property not disposed of by the testator’s will passes • ' under the statute of descent and destribution to the widow and testator’s children and grandchildren according to that statute. 3. Wills. Construction. Where hy will the testator directed that his land should not he sold until his wife’s death, and that then it should he sold, and that notes due him should he collected and the money remain in his wife’s, hands until her death, such a provision vested a life estate in the widow in the land and. in the proceeds of the notes hy necessary implication. 4. Tenants in Common. Improvements. Where a will provided that no child, of the testator should interfere with another’s improvements upon the testator’s land, and that each child owned the improvements which such child had made and that the land should he = divided equally among the children after the death of the widow, the children who take as tenants in common, were entitled to the improvements made severally by. them without being charged rent thereon, and if possible have allotted to them the land on which such improvements may have been erected.