Welch v. Straach

OPINION

JAMES, Justice.

In this case we are called upon to construe a holographic will. Plaintiff-Appellants contend that the devise in question to Mrs. Effie Mae Welch, the testator’s widow, was a life estate determinable in the event of her remarriage; whereas Defendant-Appellees contend said devise was a fee simple estate determinable in the event of her remarriage. We hold that such devise created a fee simple estate determinable in the event of her remarriage, and thereby affirm the judgment of the trial court.

The testator, James Madison Welch, was married twice. Plaintiff-Appellants are…