LONG, J.
This is an appeal de novo on a stipulation of facts, relating to the construction of a deed, the granting clause of which provides:
"Do hereby grant, bargain, sell and convey to the said Lucy Marvin during her life and then to her children that may be then living and their heirs and assigns forever * * *."
The habendum clause recites:
"To have and to hold the same to the only proper use of the said Lucy Marvin and her children...
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