“The only question in the case is, whether Mary Dickenson took an estate in fee, or only a life estate in the land which is the subject of this suit? If the former, judgment must be given for the defendant; if the latter, then for the plaintiff. After giving his soul to his Creator, and declaring that, as to his worldly goods, he gives as follows ; the will proceeds thus,— ‘item, I give and bequeath unto my beloved wife, Mary Dickenson, all and singular my goods and effects, both real and personal, of what kind soever, or wheresoever, after my debts and funeral expenses are paid.’ The only other clause in the will is that which follows the above, whereby he appoints his wife, and his brother Cadwallader Dickenson, his executors, and revokes all former wills theretofore made, either by word, or writing.”
4 Wash. C. C. 645