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FLETCHER v. FERRILL

No. 4-9062.

227 S.W.2d 448 (1950)

FLETCHER et al. v. FERRILL et al.

Supreme Court of Arkansas.

Concurring Opinion February 20, 1950.

Rehearing Denied March 20, 1950.

Attorney(s) appearing for the Case

Chas. F. Cole, Batesville, W. D. Murphy, Jr., Batesville, for appellants.

Joe J. McCaleb, Batesville, Goodwin & Riffel, Little Rock, for appellees.

GEORGE ROSE SMITH, Justice.

This case involves the construction of a deed executed in 1923, by which J. W. Fletcher conveyed to a Masonic Lodge certain business property in the city of Batesville. In the deed Fletcher first reserved a life estate in himself. He then provided that when the property came into the possession of the Lodge it should be used exclusively for the benefit of a specified orphans home and school, "and when it ceases to be so used, or when said...

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