Wing v. Wing

Griffin Smith, Chief Justice.

The primary question is whether Chancery Court had power to direct sale of real property for reinvestment while there was possibility that remaindermen not in being might take.

When D. J. Burnham executed his will in 1924 Martha Overturf, a daughter, was made principal devisee and legatee. Direction was that all property, both real and personal, (subject to certain bequests not here involved) should go to Martha for life, and then to the heirs of her body; “. . . but if she shall die without issue living at her death, then I give such remainder to my nephews and…