Jennings v. Newman

This case involves title to real estate. Appellants, plaintiffs below, claim title to a one-half interest in the land involved as heirs of Frank M. Jennings, deceased, while respondent Joyce Newman claims to own all of the title to the land by virtue of the will of Frank M. Jennings. The trial court decreed that the defendant Newman owned the whole title and entered judgment accordingly. Plaintiffs appealed.

The controversy is whether through the death prior to that of the testator of one of two beneficiaries under the will of Jennings the legacy lapsed or whether the whole title vested in the…