STATUTES CITED AND CONSTRUED.

.....440 | 1 G. & H., p. 411, section 18
2 G. & H., p. 20, section 5

.488

Elliott's Supp., section 753
(Acts 1885, p. 207.)
Elliott's Supp., section 794
(Acts 1883, p. 85.)
Elliott's Supp., section 1184 ....401
(Acts 1885, p. 129.)

Elliott's Supp., section 1193. 107, 396
(Acts 1885, p. 141.)

xxi

434

158

229

62

2 G. & H., p. 249, section 466
2 G. & H., p. 299, section 650
1 R. S. 1876, p. 428, section 2...307
1 R. S. 1876, p. 757, section 10.456
2 R. S. 1876, p. 509, section 48. .456
2 R. S. 1876, p. 510

457

2 R. S. 1876, p. 512, section 60..456 Acts 1817, p. 115.

Elliott's Supp., section 1391 ....481 Acts 1869, (Sp. ses.), p. 27.

(Acts 1889, p. 425.)

Elliott's Supp., section 1395 ....493 (Acts 1889, p. 344.)

Elliott's Supp., section 1598 ....334 (Acts 1885, p. 37.)

Acts 1875, p. 97.
Acts 1881, p. 87.
Acts 1881, p. 656.

42

300

.311

300

338

Acts 1883, p. 161

363

Acts 1883, p. 173

402

Acts 1883, p. 176, section 3.

401

Acts 1883, p. 192

402

(Acts 1883, p. 141.)

Acts 1889, p. 276

66

(Acts 1889, p. 367.)

Acts 1889, p. 367

338

Elliott's Supp., section 2129.....498

Acts 1891, p. 39

36

(Acts 1889, p. 341.)

Acts 1891, p. 89

.557, 585

JUDGES

OF THE

SUPREME COURT

OF THE

STATE OF INDIANA,

DURING THE TIME OF THESE REPORTS.

HON. WALTER OLDS. *+

HON. SILAS D. COFFEY. **+
HON. BYRON K. ELLIOTT. ‡
HON. ROBERT W. MCBRIDE. §
HON. JOHN D. MILLER. ||

*Chief Justice at the November Term, 1890. †Term of office commenced January 7th, 1889. **Chief Justice at the May Term, 1891.

Term of office commenced January 3d, 1887.

? Appointed December 17th, 1890, to succeed Hon. Joseph A. S. Mitchell. Appointed February 25th, 1891, to succeed Hon. John G. Berkshire.

OFFICERS

OF THE

SUPREME COURT.

CLERK,

ANDREW M. SWEENEY.

SHERIFF,

JAMES L. YATER.

LIBRARIAN,

WILLIAM W. THORNTON.

(xxiii)

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF JUDICATURE

OF THE

STATE OF INDIANA,

AT INDIANAPOLIS, NOVEMBER TERM, 1890, IN THE SEVENTYFIFTH YEAR OF THE STATE.

No. 14,772.

NEELY ET AL. v. BOYCE ET AL.

WILL.-Life-Estate.-- Power of Sale.-A testator devised all his real estate to his wife "for and during the time of her natural life," with directions to her to conduct the farming operations thereon in the same manner as the testator would do if he were still living, with a view of keeping their children "together at home so long as they may be under the age of twenty-one years, and may desire to remain," with a gift to her of all the interest on his money, and other annual profits of his "estate for her maintenance and the support" of their family " so long as she shall live;" and provided that at her death all his realty and personalty remaining should be divided among their children, share and share alike; and also provided that, in order to pay debts, costs of administration, or for the payment of any sum given by the will, the executors could sell and convey at any time, without an order of court, on such terms as they saw fit, any of the real or personal property of the testator, except the home farm, unless in case of the most absolute necessity.

Held, that the will vested in the wife a life-estate in the land and the fee in the children, subject to be divested only in case a sale became necessary to pay debts, costs of administration, or any sum provided by the will to be paid.