Perdue v. Roberts

JONES, Justice.

Although arising in the context of a sale for division, the issue presented by this appeal calls into question the trial Court’s construction of a will.

At the time of his death in 1950, E. B. Perdue owned in Wilcox County a 360-acre farm and an undivided i/£ interest in an adjoining tract of 393 acres. His brother, C. C. Perdue, owned the other undivided 1/2 interest in the 393 acres. When C. C. Perdue died, his undivided 1/2 interest devolved to his heirs at law, one of whom sold an undivided JÍ2 interest to one of the appellees, John Henry Roberts, Jr. Roberts brought the…