Johnson v. Houchins

STANLEY,

Commissioner.

The appeal is from a declaratory judgment concerning the ownership of a 263 acre farm. The decision rests on the construction of the will of Mrs. Fanny Johnston Bell Lee probated in 1901.

The testatrix devised her land to her two sons, Joshua and Thomas Lee, for life with restrictions on its disposition, and then to their “legitimate children” with restrictions against selling or conveying the property to persons not of “blood kin” of the testatrix. The will then provides:

“Should both Joshua and Thomas die and leave no legitimate children, the whole of the property is to…