Walters v. Lawless

BARRETT, Commissioner.

This is another case with its origin in that everlastingly vexatious phrase, this time in a 1913 will, “heirs of the body.” The plaintiffs are the great-grandchildren of the 1913 testator John N. Miller. His will, insofar as material, devised his land in fractional shares to his daughters, here to his daughter Minnie a one-sixth fractional interest for life “with remainder to the heirs of their hodies.” By reason of the several fractional devises and alleged ambiguities Mr. Miller’s executors instituted a suit, joining his wife and children, to construe the will. The…