Ball v. Books

Opinion of the Court by

Commissioner Sanmdge

Affirming.

The fifth clause of the will of J. A. Priest reads:

“At the death of my wife, I give to my children, Mildred, James S. and Feturah the remainder of my estate or their heirs share and share alike, except my daughter Mildred is to first have $500 more than James or Feturah.”

The controversy to be settled by this appeal grows out of the use of the words “or their heirs” therein. It is insisted for appellants, who are children of either the Mildred, James S., or Feturah, mentioned, that that language created an estate in them in the property…