Erskine v. Klein

Grice, Justice.

The issue here is whether a testatrix, at her death, had a devisable interest in certain real property.

Leading up to this litigation were a series of events which may be summarized as follows.,

James Lynch’s will, probated in 1899, devised two tracts of real estate in the City of Atlanta to his daughter Mary Ann Erskine, for life, with remainder to her children who survived her and the descendants of any of her children who predeceased her, per stirpes.

In 1911, Mary Ann Erskine and her eight children, one of whom, Vincentia M. Erskine, was testatrix of the will here, executed an…