Found this
William Scruggs died in 1859, after having made his will, which, so far as necessary to quote, reads:
"I give * * * to my wife, Margaret, one-half of my landed estate during her natural life. * * * The half of land not given to my wife, I give to Edward Scruggs, son of William and wife Sarah G., * * * and the part my wife has while she lives, after her death, to him, said Edward and the heirs of his body, and if he should die without heirs, then the land I have given him to go to his sister, Lucinda, and her heirs, that is, the heirs of her body."
In the year 1878 Edward Scruggs executed a deed, which, so far as necessary to reproduce, is as follows:
"For and in consideration of the love and affection I have for my wife, Alice Scruggs * * * and the additional consideration of $1.00 to me, Edward Scruggs, paid, I have granted and conveyed to my wife, Alice Scruggs, the following real estate [describing a tract of 300 acres]. I likewise grant and convey to my wife, Alice Scruggs, a tract of 54 acres lying in Williamson county. * * * Likewise I grant and convey to my wife, Alice, my remainder right and title to 354 acres. * * **** Mrs. Margaret Bright [formerly Margaret Scruggs, widow of testator in the above-mentioned will] has a life estate in both these tracts.**** I, Edward, have the remainder title, which is hereby conveyed to my wife, Alice. * * * This conveyance is made to my wife, Alice, with the following limitations: I, Edward, am to retain the use and possession of said property, the right and power to cultivate, rent, or lease said property in such manner and for such uses and purposes as I may think proper, but neither Alice or myself shall have the right to sell the said property. In the event of my death, my wife surviving, then she, the said Alice, is to take the control and management of said property, and apply the usufruct, rents, crops, etc., to her and my children's support and maintenance. In the event of Alice's death, I being dead, then the property thus conveyed to be divided equally among all my children, and their heirs. In the event of my wife becoming a widow and afterwards marrying, then all the property thus conveyed shall belong [to] and be divided among my children and their representatives. In the event of my wife dying leaving me surviving, then this conveyance shall be void and the title thus conveyed shall reinvest in [me] the said Edward Scruggs."
The bill alleges that complainant Edward Scruggs, the maker of the deed just copied, has four living children, that one of these is Edward G. Scruggs, and that the wife of the latter by proceedings in the Third circuit court of Davidson county, had obtained a divorce from him, and had secured a decree for alimony. So much of this decree as should be recited reads:
"That the defendant Edward G. Scruggs is the owner of a one-fourth vested remainder interest in a tract of land (describing the Scruggs' lands); * * * that the petitioner should recover of the defendant alimony and (the court) allows as alimony in this case a one-half of the vested remainder interest owned by the said defendant Edward G. Scruggs in the above-described tract of land, and a one-half in any other property or estate of the defendant. It is by the court ordered, adjudged, and decreed that the said one-half interest in the aforesaid land of the said Edward G. Scruggs, and a one-eighth in the entire estate, subject to the life estate of the father, be and the same is hereby divested out of the said Edward G. Scruggs, and vested in Mrs. Katherine Reid Scruggs, in fee simple to her sole and separate use, and free from the debts, contracts, or control of any husband she may ever have."
There was in said case also a fee of $600 allowed to Mr. Harry S. Stokes, the solicitor
https://cite.case.law/tenn/135/586/
