Stephenson v. Rowe

Judge Becton

dissenting.

Believing that the Hodges decision, relied on by the majority, overlooks the fundamental distinction between the sufficiency of descriptions required in deeds as opposed to devises under wills, I dissent.

Judge Robert Martin dissented in Taylor v. Taylor, raising precisely the same question, ie., the soundness of the rule in Hodges. In his dissent, Judge Martin expressly invited the Supreme Court to reconsider Hodges-, however, the Supreme Court reversed without reaching the question, since the surviving spouse’s effective dissent from the will rendered the validity of…