Jernigan v. Lee

SHARP, Justice.

Title to the land in dispute depends upon the construction to be put upon items 2 and 4 of testatrix’ will. In effect, this devise is to O. D. Stewart and his -heirs in fee, but if he dies “without issue or heirs by him begotten,” then to Meta Stewart in fee; and if she die without “any heir of her body living at her death, then to Berry Jernigan and his heirs, if any, otherwise to his next of kin, who may be living at his death.”

It is quite clear that by this devise 0. D. took a fee simple defeasible upon his death without surviving issue, and that Meta took an executory…