Tate v. Townsend
Tate v. Townsend
Opinion of the Court
delivered the opinion of the court.
By the will, John Haywood Fitzgerald took an estate for life with the power to dispose of it, if he should outlive his children, and at his death leaving children the land became theirs with the qualification that if they should not live to be twenty-one years
Judgment affirmed.
Reference
- Full Case Name
- Annie E. Tate v. Mattie E. Townsend
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Limitation on Estates. Life estate. Under a will providing that the “ share of my property received by J. he mayliave and use the profits from, during his natural life, and at his death ‘ descend’ to his ‘ children,’ and in the event they should not live to be twenty-one years old, then it must go to my son W. But if he (J.) should outlive his children, then he may will it to whom he pleases.” The whole estate did not vest in J. and the limitation to his children was valid, and at his death they took the estate by virtue of the will.