Blackwell v. Burketts

SIMPSON, Justice.

This proceeding involves a construction of the will of Lillie Blackwell, deceased. Her husband, W. A. Blackwell, the appellant, claims a fee simple title to the property under the provisions of Items 2 and 3 of the will, whereas her sister, Mrs. Fae Burketts, claims a remainder interest in the property, contending that appellant was only devised a life estate by reason of § 4 of the will.

The appeal is from a decree overruling the demurrer to appellee’s cross bill. The pertinent ground of the demurrer which brings the question under review is: “It affirmatively appears from…