Hammond v. Martin

The opinion of the court was delivered by

Mason, J.:

W. G. Hammond died leaving a will purporting to devise a life interest in property to his wife, with a remainder to their five children, a provision being added that if any of them should die “before the inheritance passes to them” the child or children of such deceased child should take his share. One of the testator’s children, Lura Hammond, died without issue and interstate after his death, and before that of his widow. In an. action for the partition of a part of the property devised the trial court decided that a fifth interest, being…