This is a Case Agheed, submitted, under section 56Y of Tbe Code, to tbe decision of Bryan> J., at March.Term, 1898, of tbe Superior Court of Pitt County, for construction of Frederick White’s will.

Tbe facts are as follows:

1. Frederick White died in Pitt County in 1892, leaving a last will and testament, duly probated in Pitt County Superior Court, tbe item of which, material to this case, is as follows:

“Item 2. I lend unto Francis White, my wife, twenty-five acres of land, including all my buildings, and the land to be laid off around the buildings, for and during her natural life or widowhood.” “And the twenty-five acres I have loaned my wife I give and bequeath unto my granddaughter, Pearcy Jones, daughter of Joseph Jones, to her and her heirs in fee-simple, after the death of my said wife.”

2. That Pearcy Beddard, defendant, is the Pearcy Jones spoken of in said will.

3. That Francis Beddard is the Frances White, widow of Frederick White, spoken of in said will.

4. That after the death of Frederick White, his widow, Frances, married one Moye, who died, and she afterwards married H. C. Beddard, plaintiff, and she is still living.

5. That said Joseph Jones is guardian of said Pearcy Beddard and claims that as soon as Frances Beddard married, after the death of Frederick White, said Pearcy Beddard became owner of said land in which she is given an interest by said will.

It is agreed, if the Court shall be of opinion that said Pearcy became entitled to possession of said land when said Prances Beddard married, after the death of Frederick White, then judgment shall be rendered so declaring; but if the Court shall be of opinion that said Pearcy did not become entitled to possession of said land when Frances Beddard married, after the death of Frederick White, then the Court shall adjudge that Frances Beddard is entitled to possession of said land for her natural life, and execution shall issue to carry into effect said judgment.

The party against whom judgment is rendered shall pay the cost of this proceeding.

This the 7th day of March, 1898.

BOND & FLEMING,

Attorneys for Beddard and wife.

HARDING & HARDING,

F. Gr. James,

Attorneys for Defendants.

II. 0. Beddard, plaintiff above named, being duly sworn, says:

That this controversy is real, and the proceedings in good faith, to determine the rights of the parties, and this Court would have jurisdiction if it began by summons.

H. C. BeddaRD.

Sworn to and subscribed before me, March 8, 1898.

E. A. Moye,

Glerlc Superior Court.

And thereupon, the following judgment was rendered, to-wit:

JUDGMENT.

This canse, comingonto be heard, all parties being in Court, it is adjudged, ordered and decreed that Pearcy Beddard has no right to possession of land devised in will of Ered. K. White, until the death of Frances Beddard.

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