Blair v. Shannon

Dissenting Opinion by

Mr. Justice Patterson:

I cannot assent to the conclusion of the majority of this Court. The issue raised on this appeal is whether the provision of the will that “Whatever is realized out of the three foot vein of coal for which I gave a lease some years ago, I direct my executors to collect and divide the same among my eight children share and share alike” is effective and vests any rights in appellants as tenants in common with appellees.

Whether the coal was real estate or personalty is immaterial to a disposition of this case. Unquestionably, it was real estate at…