Whitley v. . McIver

On the hearing, the question in difference was made to turn on the construction of the following item in the will of Helen Murphy, late of Wayne County, this State:

“Fourth: I give and devise all of my real property, which shall include that which has not been divided, in fee simple to J. Bruce Pate, Georgia Taylor, Yara Mclver, and James Whitley, in equal proportions thereof one-fourth each, but in case of the death of either of them leaving a child or children, I give and devise that portion thereof, its or their ancestor would have taken if living to it or them in fee simple; that if either…