The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1878-01-05

ava iA"lIlIeuance OF my vie opu I'VE
children for whom no provision bus
been made, viz: Mary Elizabeth Miles
and in case Of her death to her children,
and to my four infant children, George
Washington, Margaret Drusllln, Ccce
liz Beverley and Jacob William; my
wife to have Jns third Of said farm for
her lie. Or one third of its reIts aud
profits at hcr discretion. api the use or
re uts md profits Of the remaining two
thirds 10 sail Ieyisces, and il gpy sur.
plus re'E4ir TO BE- applied to the im-
prOyemcnt Of &ail tarm at tue time uy
youngest child shall arrive at q years
Of age, 4esire that said farW shulI be
owned and held either Jointly or sep'r.
Ttely by my 1--WE sud children, aud in
case Of the death Of any Of them bis or
her shall pass to bis % her heins 10 The
SANG plapuer it would uuaer the law
without this devise"
This vii! was made or the 12h day
Of January 1859 aud on the .G;h day
Of same month, the tssEatOr Jacob J.
Jackson died Not long thereafter
Mrs. Miles died leaving two childrent
-Iu 1868 Jacob William died, an in.
'uut without issue. lu 1871 Margure.
DEu.illa inter. married with Robert E.
Bush, and on the 18th day Of April
1879, she died 40 ipfqns iu,csiate and
without issue. AZ tue time Of the
death of Mrs. Miles aul Jacob Will
liam. the law OF desceuts remained as
it was ut the time Of tho death Of the
tcstatOr. lu 1869 the statute Of de-
scents was changcl-by which an in.
liant dying. owning laud without issue
the estate went to the wife or haa.
band So when Margaret DrusilIs
died her estate went 10 her husband.
Ii Tue law had remained rs it vas when
Major Jackson made bis will, the cs.
tate would have gone to the brothers
and sisters of Margaret Drusilla. In
1873 the s,atpte Of dcscen,s was again
changed, and, US il now is-giyiug the
estate Of one dying like Margaret Dru.
silla to the mpther, bro,heFq aud sis.
Icrs. Tue youngest child living, Go.
celia Beverley. arrived a, 81 years Of
ago in lS75-aul soon thereafter
suit WINS brought for au Interpretation
o: the will aud partition Of the home
farm.
VIM. E. Arnold, Esq, and Judge
Mathew Eimiston, coun Rybcf
&. Bush, maintained that upon til.
death Of M.ior Jackson tho estate in
tho home farm rested in the Eve chill.
drnn-tha. when jacob william died.
two. niu,hs Of his ous.ffh of the home
farm passed by tho will to Margaret
Drusilla, and that wbcu NIart,r.t
D,usilla died 81 1872 her or;cjaal
share in the home farm nassed IN noh.
ert T. Bush her husband md bs;r he
the will aud the two ninth, descen
del to him by the statute Of desccuts
then IN force. The other AIDE BY
Henry Brannon, Judge Maxwell,
William G. Bcnne,, aud ]. 81,
Benuett, Auoracy.. contender
,ha, no estate res,e,. 10 the FIVE child rem
on the death Of Nlnicr Jacob J. link.
son-,hat it never rested until III.
younges. child arrived at q rcars of
age in 1875. when The law piyino the
estate to Robert L. Busb ras r,pen,.a
and thu, if j. did yc.. on tho death Of
the tes,a,or, the provision which reuis.
"iu case Of the death of upy of them
bis or her share shall pass to lis or her
heirs III the same mauucr it would ut.
der the law without this dcyi.e
means nn,ler Tie luw as il ras at The
death ofhe testaior, Minor jackson.