O'Malley v. O'malley, Jr.

From the agreed statement of facts in this case, it appears that John O’Malley, Sr., died, leaving his widow and four children all of age. The bulk of his property was real estate, part of which he gave to his son, Theodore O’Malley, and part to his son John O’Mal-ley. Theodore was married and had a son, Theodore Jr., who was under ten years of age; but John was unmarried.

The question is, whether Theodore, Jr., took any estate, contingent or otherwise, by the will of John O’Malley, Sr. The provision of the will to be construed is: “I give, devise and bequeath to my beloved son John O’Mal-ley…