In 1967, a deed for land in Pitt County, North Carolina, was executed and delivered by Joel and Louisa Tyson ‘‘unto M. H. Jackson and wife Maggie Jackson, for and during the term of their natural lives and after their death to the children of the said M. H. Jackson and Maggie Jackson that shall be born to their intermarriage as shall survive them to them and their heirs and assigns in fee simple forever.''
Thelma Jackson Vester, a daughter of M. H. and Maggie Jackson, died in 2009, survived by three children. M. H. Jackson, who survived his wife, Maggie Jackson, died in 2010, survived by four sons. The children of Thelma Jackson Vester brought this action against M. P. Jackson, a son of and executor of the will of M. H. Jackson. The children of Vester contended that through their deceased mother they were entitled to a one-fifth interest in the land conveyed by the deed of 1967.
The executor contended that the deed conveyed a contingent remainder and that only those children who survived the parents took an interest in the land. Discuss the contentions of both of the parties.