Yates v. Mitchell
Yates v. Mitchell
Opinion
Before Johnston, Ch. at Charleston, February, 1844.
ultem. I will, order, and direct, that all the rest, residue, and remainder of my estate, both real and personal, whatsoever and wheresoever, be kept together, and rented, hired, or employed, to the best advantage, so' as to raise therefrom as large an annual income as conveniently may be, for and during the life of my dear wife; and after paying all taxes, repairs, and expenses, in any manner accruing on the said rest and residue of my estate, I give, devise, and bequeath, one net moiety or half part of the said clear annual income, yearly, and every year, unto my said wife, for and during her natural life. And I give, devise, and bequeath, the other net moiety or half part of the said clear annual income, for and during the life of my said wife, unto my dear children, to be equally divided among them, share and share alike. And I will, order, and direct, that the provision made in this will for my dear wife shall be in lieu and bar of
’ His Honor, the Chancellor, adopted the construction contended for by the defendants. The complainant appealed.
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