Wise v. Poston

Shaw, Judge;

This is an appeal from a declaratory judgment action instituted by the appellants — the children of the deceased, H. C. Wise. Wise’s children petitioned the court to construe a portion of their father’s will. The Circuit Judge ruled the language in question created a life estate in Wise’s children, remainder in fee simple to his grandchildren surviving at the death of the last surviving child as tenants-in-common, and the restriction on alienation of the children’s life estate was reasonable and not in violation of state public policy. We affirm.

H. C. Wise died testate on June 22,…