Lewis v. Novello

The Chancellor:

This case raises the question of whether the complainants can convey to the defendant a good marketable fee simple title to the land which is the subject of the contract of sale between them.

The question of whether' the complainants can convey such a title depends upon the proper construction to be given to the will of Margaret E. Maguire in that clause thereof wherein she provided as follows:

“To my brother, John Flinn, all my possessions, with the understanding that he will properly provide and care for my son, Frank G. Maguire, who is at this time a patient in a Government…