Wilson v. Poston

The opinion of the Court was delivered by

Mr. Chief Justice ’Gary.

Action for recovery of real estate. The case was tried upon an agreed statement of facts, by Judge Peurifoy, which decree, with the agreed statement and a copy of the deed, will be reported.

The appeal involves the correctness of the conclusion that the deed created a 'fee conditional -in Miss J. M. Wilson.

Section 3551, Code of Daws, 1912, contains this provision :

“Whenever, in any deed or other instrument in writing,^ not testamentary, hereafter executed, or in any will of a testator hereafter dying, an estate, either in real’…