This section contains the nature of the case and procedural background.

Alvin Koonsman (P) brought this suit against Jesse J. Koonsman, Mrs. Cora Quilliams, and John Billy Koonsman (Ds), a minor and only child of P, who was sued as a representative of a class, some of the members of which may yet be unborn, seeking the construction of the fourth paragraph of the will of their father, J. J. Koonsman, now deceased. The will of JJ reads as follows: 'I give and devise to my son, Alvin Koonsman, all of my undivided interest in all of the remainder of my real property situated in Scurry County, Texas, which I may own at the time of my death, and to his child or children if any survive him, and in the event of Alvin's death without issue surviving him, then to my son and daughter, Jesse J. Koonsman and Mrs. Cora Quilliams, share and share alike, and to their heirs and assigns forever.' The trial court held that it devised to P 'an estate in fee, defeasible, however, upon his death without issue surviving him,' with a gift over to Jesse J. Koonsman and Mrs. Cora Quilliams. The Court of Civil Appeals affirmed. D appealed.

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