Jones v. Walter

I concur with the Court’s finding that Helen Jones’ interest vested upon the testator’s death; I respectfully dissent from the Court’s construction of the second paragraph in Part Four of the will as being a limitation upon the unqualified devise to Helen Jones in the first paragraph of Part Four of the will.

In effect as the Court holds, Helen Jones received under the testator’s will a vested remainder subject to complete defeasance. However, the second paragraph of Part Four of the testator’s will, quoted following, should not be construed to determine the heirs at the time of the life…