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

The land in question passed under a clause in the will of Whiton to his five grandchildren. A deed executed by these children was tendered by P but was refused on the ground that one of the grandchildren, Sarah, could not convey a fee simple absolute. The clause stated; after the decease of all my children, I give, devise, and bequeath to my granddaughter, Sarah, and her heirs on her father’s side one-third part of all my estate, both real, and personal, and to my other grandchildren and their heirs, respectively, the remainder to be divided in equal parts between them.

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