Blackwood v. Blackwood

The determinative question on this appeal is whether Clara J. Blackwood, the widow of the testator, took a defeasible fee simple estate under the testator’s will or a life estate.

It is well settled that if she took a fee simple estate, defeasible only upon her remarriage, the limitation over would be an executory devise. In such case her renunciation would not accelerate the limitation over, but the will would be construed in the same way as if there had been no renunciation. Simes, Law of Future Interests, Volume 3, section 760, page 244; 31 C.J.S., Estates, section 121 (1) (a), page 134.…