Jackson v. Schultz

38 Del. Ch. 332, 151 A.2d 284 (1959)

Facts

Testator's will devised all his property to his wife and 'her heirs and assigns.' His wife predeceased him. After his death, Testator's stepchildren (P) entered a contract to sell a house owned by Testator, claiming title as the heirs of Testator's wife. The buyer (D) refused to perform under the contract, arguing that, because Testator's wife predeceased him, P took nothing under the will.