41 Ind. App. 651 | Ind. Ct. App. | 1908
William Galbreath died testate, the owner in fee simple of the lands described in the appellants’ complaint. So far as it affects the questions presented by this appeal, his will provided as follows:
“I desire that my wife, Nancy Galbreath, be the sole heir of my real estate so long as she remains my widow. At the death of Nancy Galbreath the real estate shall be heired by James B. Galbreath if he should outlive said Nancy Galbreath, but if James B. Galbreath should die before said Nancy Galbreath I desire the farm to be sold and Elizabeth Gwinn shall have $400 and the heirs of Margaret Duzan to heir their mother’s share which is $400. If James B. Galbreath should die without an heir that his part shall fall back to his sisters.”
This will was evidently drawn by either the deceased himself, or by some one unskilled in the preparation of documents of this character, but it is clearly manifest that it was the purpose of the testator to give to his wife, Nancy Galbreath, a life estate in his real estate, if she remained his widow, and the fee to James B. Galbreath conditioned that he outlive Nancy Galbreath, and that, if he died during
The judgment of the court below is in all things affirmed.