Berry v. Berry

BEATTY, Justice.

This case is on appeal from a final judgment dismissing the intervention claim of the appellant, Colon Berry, to a one-sixth interest in certain real estate subject to sale for division of the proceeds. We reverse and remand.

The determination of this case depends upon the construction of the will of Louis Berry who died on October 31, 1959. The pertinent parts of the will are as follows:

“2. I own 240*4 (two hundred forty and one-fourth) acres of land in Pike County, Alabama, deeded to me by my father and mother as shown by Deed Book 72 at page 272 in the Office of the Judge of…