Kemp v. Sutton

The bill herein was filed to obtain construction of the will of George Kemp, deceased. Plaintiff claims he is one of the devisees of the personal property and entitled as such to a distributive share of the estate. The sons of the testator insist they are the sole surviving devisees, and, by answer in the nature of a cross-bill, assert the devise of real estate to the city of Sault Ste. Marie, subject to a life estate, is void because power of alienation is suspended beyond two lives in being, and, therefore, they take as heirs at law. This brought the city to court with the claim that the…