Tunnell v. Berry

ARNOLD, Judge.

The first issue presented by this appeal is whether the trial court erred by concluding that the words “brothers and sisters or their heirs” in the will of John Berry were words of limitation rather than words of purchase, and that as such they served only to preserve the ancestral shares of the “brothers and sisters.”

Words of purchase in wills are those words which designate the persons to whom an estate in land is granted, while words of limitation are those which define the quantum of interest given and fixes the time for the commencement of the estate. The word “heirs” may…