Johnson v. Johnson

Head, Justice.

Item 3 of the will of A. A. Johnson can not properly be construed in accord with the contentions of either of the parties in the present case. The contention of the defendants that, should Ruth and Viola Johnson die without bodily heirs, the defendants would take the entire estate devised in item 3, can not be sustained under the law as applied to this item. Counsel for the defendants concede that item 3 was a devise to the five children named as a class.

“Grandchildren can not take in a will, under a bequest to children, unless there be something in the will to indicate and…