Gist v. Brown

Stu'kes, Chief Justice.

The question to be determined in this case is whether the devise to Robert, the grandson of the testator, was a vested remainder or a remainder contingent upon Robert’s survival of his father. It was contained in the ninth item of the will of Robert L. McCaughrin, which follows :

“I give, bequeath and devise my ‘Dairy Farm’ house and buildings, and one hundred acres of land with the house, (the land to be selected by my son, S. J. McCaughrin) with such of the outfit on said place as I may own, to my said son, S. J. McCaughrin, his wife, and his son, Robert and such other…