Purdy v. Davis

The opinion of the court was delivered by

Gordon, J.

The question presented for our determination in this case is the consideration of a will by the terms of which the testatrix devised and bequeathed all of her prpperty to her husband (appellant) *165with the following proviso: “If the said Percival A. Pnrdy (appellant) should marry again after my demise all my property, both real and personal, is to belong to any one or more children that may be born to me before my demise.”

At the time of its' execution the respondent Frederick D. Purdy was ten days of age. Four days after executing said'will the…