No. 387.

283 U.S. 231 (1931)


Supreme Court of United States.

Decided April 13, 1931.

Attorney(s) appearing for the Case

Messrs. Benjamin B. Pettus and H.H. Shinnick, with whom Edward Clifford was on the brief, for petitioners.

Assistant Attorney General Rugg, with whom Solicitor General Thacher and Messrs. Fred K. Dyar, Bradley B. Gilman, and Erwin N. Griswold were on the brief, for the United States.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The petitioners are the sole surviving heirs of Solomon Klein and distributees of his estate. He died intestate, leaving among other property, two parcels of land in Cook County, Illinois, which, some fifteen months prior to his death, he had conveyed to his wife, Etta M. Klein, by deed, the habendum clauses of which are as follows:

"First. To have and to hold the said lands unto the said grantee for...

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