Healy. v. Eastlake

The question presented by this record is as to what estate appellee took under the will of her mother. If she took the fee simple, or can convey the fee simple, the decree for specific performance was properly entered, otherwise not.

It is elementary that the intention of the testator, as expressed in his will, shall govern in its construction. In giving effect to the intention, every provision, whenever doubt or uncertainty supervenes, is, if possible, to be given significance and force.

It is insisted by counsel for appellee that the daughter, Alice, took an estate in fee simple, and…