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HEGARTY v. CURTIS

No. 18,055.

121 Ind. App. 74 (1950)

95 N.E.2d 706

HEGARTY ET AL. v. CURTIS.

Court of Appeals of Indiana.

Rehearing denied January 26, 1951.

Transfer denied March 26, 1951.

Attorney(s) appearing for the Case

J.M. Johns, of Rockville; Aikman, Piety & McPeak, of Terre Haute, for appellants.

Fred D. O'Rear; Dix, Dix & Patrick, both of Terre Haute; and McFaddin & McFaddin, of Rockville, for appellee.

CRUMPACKER, J.

John Collett died testate March 15, 1899, seized of 516 acres of land in Vermillion County, Indiana. By a codicil to "Item III" of his will he devised said lands to his nephews Samuel Collett and Frederick Collett one-half each as tenants in common for life. At the death of either Samuel or Frederick Collett, if such decedent leaves a child born in lawful wedlock, the remainder in fee simple of such undivided one-half in said lands is devised to such...

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