People v. Emery

The question in this°case is whether, by virtue of the rule in Shelley’s case, Emily A. Emery took an equitable estate in fee, or for life only, in the southwest quarter of the southwest quarter of section 6, town 2, south, range 8, west of the fourth principal meridian, under a deed of trust executed by her father, Walter Emery, on October 8, 1849. She died on February 26, 1923, leaving as her heirs-at-law her brother, John F. Emery, and the descendants of Charlotte Emery Smith, a deceased sister. Her will was admitted to probate in the county court of Adams county, and by it she devised all…