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This section contains the nature of the case and procedural background.

Cantrell devised property to his wife under a will. She took the property and began to dispose of it, but certain relatives of Cantrell disputed her ability to do so indicating that the will was a trust in their favor at her death. The will gave the property in absolute estate forever but then had precatory words that upon her death Cantrell requested that she devise the property to certain relatives. The chancellor ruled for the wife. This appeal followed.

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