Baker v. Johnson

(after stating the case as above).

The main question in the case, as both parties consider it, is whether upon the death of R. A. Baker, he having no child, one-half of the property in suit vested in fee in Mrs. Lula May Johnson, his surviving wife. Article 2571, R. S., reads:

“Where any person having title to any estate of inheritance, real, personal or mixed, shall die intestate as to such estate, and shall leave a surviving husband or wife, the estate of such intestate shall descend and pass as follows: * * *

“2. If the deceased have no child or children, or their descendants, then the…