Roberts v. . Saunders

Two questions are presented for solution, to wit:

1. Did Martba Roberts take a fee-simple estate under tbe will of ber husband, Johnson Roberts?

2. Is the deed from George H. Brown, Jr., executor of John McDonald, sufficient to convey a fee-simple estate, notwithstanding the absence of a seal on the record in the office of the register of deeds ?

C. S., 4162, provides that when real estate is devised to any person that the same shall be held and construed to be a devise in fee simple unless the devise shall, in plain and express words show, or it shall be plainly intended by the will, or some…