Rose v. . Rose

The question in difference arises out of the construction of the following item in the will of J. 0. Rose :

“5. I give and bequeath to my son, ~W. W. Rose, the Pierce place where he now lives . . . his lifetime, then to his wife, Sarah, her life time or widowhood but in case said ~W. W. Rose have any heirs said land go to said heirs.”

It is conceded that if W. W. Rose take a fee simple in the land devised to him under the above clause in his father’s will, the deed tendered is sufficient, and the judgment in favor of the plaintiff is correct, but the defendant questions the devise as vesting in…