Gibson v. Jones

MERRILL, Justice.

The first of two issues presented for decision on this appeal is whether a devise of real estate in a will was 'five acres or fifteen acres. The trial court decided it was fifteen. We disagree.

In her will, Annie Winn Gibson devised certain real estate, along with other property, to her two sons, Archie Gibson, Jr. and James Robert Gibson, and to Carol Ann Gibson Jones, the daughter of her deceased son, Fred J. Gibson.

The granddaughter sought a construction of the will, her contention being that she was entitled to fifteen acres in one item of the devise to her, while her…