Drager v. McIntosh

Mr. Justice Farmer,

specially concurring:

Inasmuch as I agree that the decree of the circuit court in this case should be affirmed but cannot agree to the construction given the will of John Crabb, I have thought there would be no impropriety in my giving brief expression to my views upon that question.

It seems to me the court has construed the will in this case contrary to the plain intention of the testator. If he intended to give his children living at the time of his death a fee simple absolute estate but in order to guard against lapses in case any of them predeceased him he made further .…