Jones v. Jones

OPINION

By BARNES. J.

It is the claim of plaintiff Clarence M. Jones that Laura E. Hanna (nee Jones) held a defeasible fee in the premises, subject to be divested on condition that she die without issue, and that having died without issue the fee now vests by executory devise to the plaintiff Clarence M. Jones and Ellis O. Jones II, share and share alike.

Defendants contend that the said Laura E. Hanna (nee Jones) held a fee simple title to the premises at the time of her death, and having devised such premises to the defendants, the plaintiff has no interest therein.

The case is submitted on an…