State ex rel. Edward Street v. Lyons
State ex rel. Edward Street v. Lyons
Opinion of the Court
Judge Milligan delivered the opinion of the court.
The single question is, what estate did these plaintiffs take under the will ? This is answered by determining another question, viz: did they take by descent, or did they táke by purchase ?
The word heirs, is sometimes a word of limitation, and at others only a word of description.
Wherever it is employed to define the character of the estate, or to limit its operation, it is then a word of limitation.
In the present case, it is only used as a word of description, referring merely to the persons who were to enjoy the estate of the testator, upon the death of his widow.
Helen Sloane, the mother of plaintiffs, died in the life time of the
It is the judgment of this court, therefore, that the plaintiffs are entitled, each in fee, to an undivided moiety of that part of the estate which was devised to Helen Sloane; and they direct a judgment to be entered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.