of  the  South  West  Quarter  of  section  twenty-
three  (23)  in  township  Eleven  (11)  North,  range
Five  (5)  East  in  the  County  of  Shelby,  in  the
State  of  Indiana,  made  to  and  in  favor  of  my  wife
Elizabeth  Cutsinger,  and  I  do  hereby  give  and
devise  said  realty  together  with  the  twelve  acres
off  the  North  end  of  the  West  half  of  the  South
East  quarter  of  said  section  in  said  township  and
range  (here  follows  designation  of  said  12  acres,
which  together  with  said  real  estate  in  said  Sec-
tion 23  is  a  portion  of  the  land  in  question),  all
unto  my  son.  Ivory  H.  Cutsinger,  to  be  had  and
held  by  him  for  and  during  his  natural  life  only,
and  unto  his  children  now  living  or  who  may  be
born  subsequent  to  the  execution  of  this  will,  in
fee  simple,  subject  however,  to  a  life  estate  in  an
undivided  one-third  (1/3)  part  thereof  of  the  sur-
viving wife  or  widow  of  said  Ivory  H.  Cutsinger,
if  any  surviving  wife  or  widow  there  be  to  be  had
and  held  by  her  for  the  term  of  her  natural  life
only,    *    *    *    />

That  thereafter  the  said  Samuel  Cutsinger  died  in
the  month  of  October,  1893,  the  owner  of  the  real
estate  in  controversy,  which  was  devised  to  the  lega-
tees named  in  his  said  last  will  and  codicil  thereto,  as
set  out  above;  that  said  will  and  codicil  were  duly
admitted  to  probate  in  the  Johnson  Circuit  Court  on
October  25,  1893,  and  that  the  same  are  now  in  full
force  and  effect ;  that  at  the  time  of  the  execution  of
said  will  and  codicil,  and  at  the  death  of  said  Samuel
Cutsinger,  appellee  Addie  M.  Cutsinger  was  the  wife
of  the  said  Ivory  H.  Cutsinger,  and  appellees  Harry
C.  Cutsinger,  Corwin  R.  Cutsinger,  and  one  Samuel
I.  Cutsinger  were  their  children ;  that  said  Samuel  I.
