Clark v. Whaley

John Oliver Hanks died testate in 1943, survived by his wife but without issue. Article Fourth of Hanks’s will devised a parcel of land known as “Bunker Hill” to his wife for her life. In the event that Hanks should die without issue (which was the case), the first sentence of Article Sixth devised Bunker Hill after his wife’s death to the youngest sons of Hanks’s sisters. Upon the wife’s death in 1969 the question arose, and is now before us, whether Bunker Hill was vested in the youngest sons living at the death of Hanks or in the youngest sons living at the death of Hanks’s wife. Article…