Bussey v. Bussey

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The controlling question here is whether or not the four children and grandchild of the testator took a fee-simple estate in the property at 908 Broad Street, at the expiration of ten years following the death of the widow, who was a life tenant.

It is the contention of the plaintiff that the provision in the will, that, at the expiration of 10 years after the death of the wife, the executors shall have the right and authority to sell the same, with the consent of then living children, with the additional provision that they hold…