Brand v. Faries

The Chancellor :

The defendants resist the bill on the ground that the complainant cannot convey a title in fee simple. Whether the complainant possesses such a title depends upon the construction of the joint will of Alfred Smith and Margaret, his wife, which has been duly probated before the Register of Wills of New Castle County.

The will is a short one and is as follows:

*402“Montchanin, Delaware.

“May 21, 1929.

“This is the Last Will and Testament, Jointly, of Alfred and Margaret Smith and cannot be altered without the consent of both parties:—

“We bequeath to each of the three children of Fred…