Gardner v. Gardner

This suit involves a proper construction of the third clause of the will of Alamander Gardner, a citizen of Southampton county. In the year 1925, Alamander Gardner departed this life, leaving a will, the third clause of which reads as follows:

“I give and devise unto my beloved wife, Elizabeth Gardner, my three sons, Robert L. Gardner, Solomon W. Gardner and Sheldon C. Gardner, all of my real property in equal shares, share and share alike, to them and their heirs forever.”

The testator had been married twice and at the date of the execution of the will, July 21, 1922, there were three children…