Broach v. Hester

Grice, Justice.

This case involves the issue of validity or invalidity of a testamentary condition in terrorem.

The testator, William A. Hester, Sr., by Item 2 of his will, bequeathed and devised a life estate in all of his property to his wife; with remainder over to two of his sons, O. N. Hester and C. A. Hester, who were also- named executors. He further recited that “My said two sons named in this item are to pay to my other children . . . the sum of Two Hundred Dollars, each if living, otherwise to- their children, when they take possession of said property.” Then, by Item 4, he bequeathed…