
    James M. Smith v. W. T. Tevis, et al.
    Construction of Terms of a Will.
    The words, “the children surviving,” as used in a will, mean the children surviving at the death of the testator.
    APPEAL PROM MADISON CIRCUIT COURT.
    
      T. I. Scott, for appellant.
    
    
      W. B. Smith, for appellees.
    
    April 20, 1880.
   Opinion by

Judge Pryor:

The clause of the will under which the devisee claims, 'vests her with title. The words, “the children surviving,” in the first clause of the will mean the children surviving at the death of the testator.' The appellee took an absolute estate under the will, and so far as her interest is concerned the other devisees were not necessary parties.

Judgment affirmed.  