154 Iowa 634 | Iowa | 1912
The question is whether the will of William Jewell gave to the plaintiff an estate in fee in the E. % of the S. W. fractional *4 and the S. W. fractional 14 of the S. W. % °f section 18, township 93, range 20 W., and in the N. W. fractional % of the S. W. *4 of the same section, or an estate therein for life only.
The will, so far as material here, is as follows, and the land described within the first pair of brackets is the land over which the controversy arises.
Second. After the payment of such funeral expenses and debts, I give, devise and bequeath exclusively to Miss Anna Roskrow, my wife’s niece, who has long lived with me, the following described real estate, to wit: [The east half of the southwest fractional quarter and the southwest fractional quarter of the southwest quarter of section eighteen (18) in township ninety-three (93) north, range twenty (20) west in the district of lands, subject to sale at Port Dodge, Iowa, eontaining (125.75) acres more or less. Also the northwest fractional quarter of the southwest quarter of section eighteen (18) in township ninety-three (93) north, range twenty (20) west of the fifth P. M., eontaining (45.66) acres, more or less, said two tracts of land being conveyed to me 'by deed recorded in the recorder’s office of Franklin county, Iowa, in book T of deeds, page 521.] [Also the west fractional half of the southwest quarter of section seven (7) township' ninety-three (93) ; (91.67) acres, more or less, the same having-been conveyed to me by deed recorded in the recorder’s office of Franklin county, Iowa, in book 38, page 603 to have and to hold the same and the income thereupon during her natural life, after her death should she leave children, then to such children or their heirs, should she die without issue,