Roper v. Finney

This is an appeal from the circuit court of Franklin County, which in a partition decree found that the title to the real estate here involved was in plaintiff-appellee, Oscar Roper, and defendants-appellants, Carl and Lawrence Finney, as surviving spouse and children, respectively, of Alice Finney Roper, deceased. A freehold being involved, this court has jurisdiction on direct appeal.

The principal issue in the case is whether the remainder interests created in the seventh clause of the will of I. J. Shew (Alice Finney Roper’s father) were vested or contingent. Said provision of the will,…