John McLean

“ The whole of any specific property is not devised to each of two devisees. The devise of one-third of his real estate to his wife, and at her death to his son, is, to this extent, inconsistent with the specific devises which follow, and which dispose of all his real estate. ”

“ And a partition or sale is opposed by the infant son and his mother, as injurious to his interest. And the rights of the mother and son are so intimately blended that any proceeding which shall affect the life estate must affect the inheritance. ”

“ Almost every part of the will has some bearing on the question raised by the complainant.
In his first devise, the testator says, 'I bequeath and give to my dearly beloved wife, Ann Sophia Walker, one-third of the whole of my personal estate forever, for her own proper use and benefit; and also one-third of my real estate during her lifetime; and in the event of her death, all the right in real property hereby bequeathed to her, shall be, and is hereby, declared to be vested in my dear and infant son, James Walker.'
He then gives to his mother, 'forever,' a certain lot with its improvements. ”