In Re Estate of Scott

At the close of the argument, Shaw, J., delivered the opinion of the court, Sloss, J., and Lawlor, J., concurring.

In this case the testator made a will in the following words.

“I give all my Earthly Positons both real and persnel to my wife Eliza V. Scott. Should she wish to marrie agane then then 75 per cent of the hole amount at my death will go to my children known as C. W. Scott of Detroit, Mrs. Thomas Ogg of Glendale of California, Cancel B. Scott of California, $5.00 five dollars to Mrs. C. B. Sayles of Detroit Michigan.”

The court.below held that this will did not contain a condition in…