Underwood v. Myer

Hatoher, Judge:

In February, 1919, the plaintiff (then Mary Smith) and her husband, Ferry Smith, executed a joint will which contains the following provision:

“We hereby will and bequeath to Mary Belle Myer all of the land, real estate and appurtenances thereto belonging, of which we, or either of us, may die seized or possessed, but the said real estate and appurtenances thereto shall not pass to tbe said Mary Belle Myer so long as either of us, the said Perry Smith or Mary Smith, shall live, but after the death of the last survivor of this will the said real estate shall pass to and be held…