The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-07-13
lEI PIGlLElIS SUI
IGE 30 Il.I. .Is
Ends After Being Iaalls the Courts st
the Land for Nearly = Score of
Years III Favor Of Plaintiff Details
Constitute an interesting Sso1y
Which Thousands vii Read.

The cause was now back iIl
the State Court; and the
question then being, IN view u The
character of the estate held ~ 9exe5
Piekens in said land under " 4
Of his father, the acculnr IN
.terest upon his debts; par culafly
his debt due to plaint hue -
then about s. 5, 10000, tisi3e Q
E5costs, and the deprecla on
Of the. land from eglect and y
tlls same having been rented h. ne
Circuit Court for seyer years tor
only enuogl To pay the au1il.
accruing taxes upon be- same
third and last amended 81 y ,Eils ltleu
by plaintiff, repeating re terence
the allegat lions Of the SAID or
and amended bills, ma KING q The
Pickens descendants and her pro-
sr persons, defendants and
for a judicial construction ot
1Ith clanse 81 the VIII Of the tes
tor. james 2fcIIzsiis, which limited
or undertook to limit the deyise q
his real estate to his said chile renl
and grandchil dren Hglich clause ~
Limitation are in the words and
figures followings to-Wits
Ss11tii. All Of the lands
before devised to my said CID eren
and to my said grandchil arens
Picke4is and Albert Pickens ri
the tract of 10 81 acres Of land
heretofore devised to my SON, John
d. Picl5ens, dre to be taken and held
BY them, subject to the following
limitation-that is to say, that =
any Of my said children or md
children. hereinbefore mentlonel
shall die without children or the law
full issue of such children, living q
fhe time of his or her death, or born
within ten months theteafter them
in that case, the land herein devised
TO such child or gTandchild, so "
ing without such children, or the
Iawf1l issue of such children living
at the time of his or her DEATH or
born within ten months thereafter
shall descend to each of my srigyly-s
ing children, or to the lawful issue
eff any deceased children or grand
children. the descendants of each Of
my deceased children and grancls
children taking the portion which
nv deceased child or sgrandchl hid
would have taken # living u the
time &c sllell deatlf.
This third amended bill ayeFreii
that inasrnuch as the dew sIITs
vfved the testator, and par leu larll3.
Iinasmuch as the devisee, peyeE e
lens, survived him, and VAS q
lyitihg, with Issue liyine q I've ~
lreu. Cobuf1 ie1eIls and l.s
jens. bi1f1 ~ Tie II 4llIll-.
self and Minnie eo5dfn Picselis,
that the death referred to IN the VIII
rs creating the limitation, meant,
and was intended by the testator to
mean, the death of the devisee be-
fore the testator, and that that event
NOT having happened, the deyisees
under the will, took, according 70
it's true construction, and the IN
tention of the testator, and IN cog
nizance with the law favorlng
vesting of estates, and equality
| among children in the distribution
thereof. an absolute fee simple IN
the land therein devised, the words
Of Limitation referred to-being words
of substitution only, used for the
purpose Of preventing a lapse IN
case the devisees should not be lix-
4 ing at the time of the death, and did
not create a remainder over, taking
effect upon the death of the devisees,
nor an executory devise
A This bill was demuEred to, because
as stated in the joint answer,
creditor, if having a right to en-
force the lien Of his judgment
against the. land 4of Dever PiclSens
/ and his wife, Minnie Coburn Pick.
ems, to the same, was not entitled e
have construction Of the will; ant
pleaded that under the true con.
ktruction OF the viii the deyiseei
did not take an absolute Tee simple
title in the land devised but only
life estate therein.
= The demurrer after elaborate ar
j gument, was oyerrulee the 81 w
: answered by the ex scltors 81
4 emit and other ereditQt Qf defend
( ant. Deyer Picicen
{ gnent on t1e merit on be On
Of Nav. lb5, emit
tcontfrlsd en-