Grant v. Nelson

The issue which is decisive of the rights of the parties is whether clause “Third” of the will of Charles H. Grant created a life estate in his widow with remainder to his son, or whether the widow took a fee and the provisions in favor of the son were merely precatory and ineffective to transfer any title to him. By settled rule of this jurisdiction the issue is to be determined in accordance with the intent of the testator ascertained upon the competent evidence including the will itself. Standing by itself the bequest to the widow would be sufficient to pass the fee. Brown v. Eastman, 72…