Baily Petition

Opinion by

Mr. Justice Ladner,

This matter came before the court below on a petition for a Declaratory Judgment, Answers thereto, and. a stipulation of facts. The essential facts may be summarized as follows:

James Stewart devised by Par. 6 of Ms will, a 122 acre farm to Ms son John, 72 acres absolutely and the remaining 50 acres for life, and if John died leaving issue, then to such issue in fee. “But should my said son John die without issue living at the time of his death, then said fifty acres is to revert to my three daughters, Maria, Emma and Mary E. to be held by them in equal proportions…