Carmany Estate

Me. Justice Allen M. Steaene,

concurring in part and dissenting in part:

I do not agree that the daughter is granted a fee in the real estate here involved. On the contrary, under the plain provisions of this will, all she receives is but a life estate. An intestacy results because of testator’s failure to dispose of the remainder, which passes equally to the estates of testator’s widow and the daughter.

Because, in either event, partition is not proper, the court below correctly dismissed the petition, and I agree that its action in so doing should be affirmed. But I am not in accord with the…