38 Ind. App. 612 | Ind. Ct. App. | 1906
Suit to quiet title to real - estate. Alexander Burton died July 25, 1898, testate, the owner of the real estate in controversy, leaving as his only heirs at law, his widow, Mary E. Burton, and five children, the appellants, David M. Burton, Martha A. Sokeland, Mary A. Ahleman, and Hettie B. ISTiekamp, and also Amie I. Burton. The widow died April 11, 1903, and on August. 12, 1903, the daughter Amie I. married the appellee Carnahan. She died March 21, 1904, leaving her husband, but no issue or descendants surviving her.
The record presents for decision but one question: What interpretation shall be placed upon the will of said testator ? The only parts' material to the matter in dispute are the first and sixth items! The first item gives to the widow a life estate in the real estate in question. Item six is as follows:
“It is my will and desire, and I so desire, that upon the death of my wife the following part of my real estate so devised to my wife as above set out shall go to my daughter, Amie I. Burton, to be by her held*614 during her natural life and no longer, and at her death the same to go to and vest in her bodily heirs forever and in fee simple, to wit: The northwest quarter of the northeast quarter of section sixteen, township three south, range nine west, the same being forty acres more or less.
In case said Amie I. Burton should die without issue of her body living, then and in that case said land so devised to her shall go to and vest in her brother and sisters equally and the descendants of such as may be dead.”
If said will gave to Amie I. a fee simple, the judgment of the trial court must be affirmed. If the title to, said lands on the death of said Amie I., by virtue of the conditional limitations of said item six, vested in appellants, then the judgment must be reversed.
Judgment affirmed.