Howell v. Deady

JAMES ALGER FEE, District Judge.

Some confusion has arisen in the minds of counsel over the interpretation of the will by the court, in the opinion on motion to dismiss. A recrystallization of the decision may, therefore, be of moment.

The court held, taking the will by its four corners, that the clear intention of the testatrix was, first to give two-thirds of the real property in fee simple to her son, Henderson Brooke Deady, and one-third jointly, by like title, to her grandsons, Hanover and Matthew Edward Deady; and second, to control the disposition of the income from the whole property…