Hicks v. Fairbanks' Heirs

Parties are designated as in the trial court.

Orin Fairbanks died in 1917 while owning the lands involved in this action, *347and left a will reading in part as follows:

“Second, I give, devise and bequeath unto my beloved wife, Ada Fairbanks all of my estate real and personal and mixed to have and to hold to her and her heirs forever.

“Third, should any of my estate remain at the death of my said wife Ada Fairbanks undisposed of then in that event I give and bequeath such remainder to my nephew Charles H.. Fairbanks to him and his heirs forever. This provision is not intended to restrain or hamper…