Andrew v. Hughes

The single question presented by this appeal is whether the devise to Clatie Andrew is a devise in fee simple, or is a devise in trust for the benefit of the plaintiffs.

The language of the testator indicates a clear intent to create an estate in fee simple in Clatie Andrew (Hughes). His first dispositive statement as to her is: “I will and devise that Clatie Andrew . . . shall have all of my real estate, . . . and I do hereby give and devise to my said niece Clatie Andrew ... to her, her heirs, and assigns in fee simple forever.” By the language that follows, which the plaintiffs contend…