
    McKinney, administrator, vs. Wells & Avera; McKinney, administrator, vs. Avera.
    WAirarn, Chief Justice, being engaged in presiding over the senate organized as a court of impeachment, did not sit in this case.]
    The first item of a testator’s will was as follows: “I have sold the stock of goods now owned by me to my brother, D. Q. Avera, he to pay my executor the cost price of the same, and my brother is to have the use oí the store-house as long as he wants it.” Subsequent provisions oí the will directed that the testator’s wife keep his property together, and use her discretion in renting it out from year to year, for the benefit of herself and the children, who were to be reared and educated out of the rents and profits, and out of collections on the testator’s notes and accounts, The property was to be kept together until the youngest child became of age, and then was to be sold or divided, the wife and each of the children to have an equal share. The wife and the said brother of the testator were appointed executors of the will and guardians of the children, bond and security being dispensed with.
    
      Held, that the use of the store-house was bequeathed to the brother, and that it was his as matter of right, to occupy during pleasure without paying rent, and that such occupation might be with or without a partner in his business.
   Bleckley, Justice.  