Morton's Gd'n v. Morton

Case 32. — ACTION BY MARY MORTON & OTHERS AGAINST GABRIELLE MORTON’S GUARDIAN FOR A CONSTRUC- ’ TION OF A WILL AND A SALE OF THE REAL ESTATE DEVISED. Appeal from Jefferson Circuit Court, Chancery Branch (1st Division). Shackelford Miller, Judge. Judgment for Plaintiffs. Defendant appeals. 1. If tlie words of survivorship be construed as referring to the period of the testator’s death, then, since both Mary Morton and Gabriel Morton survived the testator, the result would be to vest in them all the property in fee simple. And under that construction the appellant, Gabrielle Morton, would have…