Dew v. Shockley

CLARK, Judge.

Appellants press the per capita position, under which the brothers and sisters of the testatrix would hold a life estate in joint tenancy with survivorship; no child would take any immediate interest in the property until all the brothers and sisters had died. The roll would then be called and the children of the brothers and sisters would take per capita. Appellees press the per stirpes position, under which the brothers and sisters would hold a life estate as tenants in common; at the death of each brother or sister, his or her children would take his or her share per stirpes.

It…