Johnston v. Duncan

Undercofler, Justice.

This case involves the construction of a will. The appeal is from the trial court’s order granting certain motions for summary judgment and denying others as will appear in the opinion. Held:

1. Appellants complain that, "The trial court erred in construing Item 5 of the will of Georgia E. J. Jones to create a life estate in James M. Jones, with a vested reversionary interest in each of the five children of the testatrix living at the time of her death, said vested reversionary interest subject to being divested should James M. Jones die leaving children.” This issue was…