Evans v. Giles

It is agreed that the devise created a life estate in Leta Timmons with a contingent remainder in the heirs of her body, and an alternative contingent remainder for life in the testator’s son, Elmo, with a final remainder in the heirs of the body of that son. It is also agreed that any interest taken by the defendants under the will of Elmo, Jr., “remained contingent upon Leta Timmons dying without issue until that actually occurred.” Neither the alternative contingent life tenant, Elmo, nor the alternative contingent remainderman, Elmo, Jr., survived the initial life tenant Leta.…