Goubeaux v. Westerfield

OPINION

By BARNES, J.

In view of the fact that the lower court gave a construction to the will by which Laura Westerfleld would hold all the property in fee simple, of course she is a necessary and proper party defendant to this proceeding.' We assume this omission of name in caption of petition in error may be inserted without objection.

Considering the question as though all parties were properly in court, we think the decision of the lower court must be sustained. Under the first dispositive clause of the will, the testator used the following language:

“I will, devise and bequeath to my…