Kelly v. Kelly

This appeal involves the construction of the first devising paragraph of the will of Bridget Kelly, the mother of appellee, and grandmother of appellants. Appellee brought this suit against the appellants for a partition of the land, under the theory that the fee simple title was devised to him and his children jointly hy the provisions of said paragraph.

Appellants maintain that a life estate only in said real estate was devised to appellee, and that the remainder in fee was devised to them by the paragraph of the will in question. The paragraph of the will is as follows:

“All the property in…