Duncan v. Duncan

Opinion op the Court by

Chief Justice Hobson — :

Affirming.

This appeal presents the single question whether R. L. Duncan takes under his father’s will and the codicils thereto, a defeasible fee or a fee simple in the property devised him. The circuit court held that he took a fee simple and from this judgment, the other parties in in-' terest appeal.

By the first clause of the will the testator directs the payment of his debts and funeral expenses; by the second clause he devises his home place, including the household furniture and farming implements to his wife for life, and after her death to…