Dailey v. Pugh

Dissenting Opinion.

Dausman, J.

(dissenting)—I am convinced that the majority opinion puts an erroneous construction upon the section of the statute which is controlling in this case. I will forego a full discussion of the matter and will only briefly indicate my reasons for dissenting. I am of the opinion that said section should be construed -as if written as follows:

“If the inheritance came to the intestate by gift, devise or descent from the paternal line: (1) it shall go to the paternal grandfather and grandmother as joint tenants, or to the survivor of them; (2) if neither of them be…