Andrews v. Graham

In the “FIRST” item, O. C. Falk devised a life estate in his entire farm of 265 acres, more or less, to his sister, Elizabeth Falk, for life, and “the remainder in fee” to his niece, Elizabeth Falk. The devise of the life estate to his sister, Elizabeth Falk, lapsed upon her death during the lifetime of 0. C. Falk. Nothing else appearing, Elizabeth Falk, testator’s niece, now plaintiff Elizabeth Falk Andrews, became the sole owner of the entire farm in fee upon the death of 0. C. Falk.

Appellants contend the provisions of the “SECOND” and “THIRD” items are in irreconcilable conflict with the…