Gardner v. Dillard

CODY, Justice.

The question presented for determination here is the applicability of the rule in Shelley’s Case to a devise made by the sixth paragraph of the joint will of G. W. Dillard and wife, Ida, to Edcut Lee Dillard, one of their sons. The said joint will by its terms undertook to leave only life estates in lands located in Washington County to the several children of the aforesaid G. W. and Ida Dillard, but by the terms of said will fee simple estates in land (but less in extent) were devised to two children of Ida Dillard by a former marriage, named Searcy Johnson and Charlie Johnson.

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