Royal Whiton left a parcel of land to his grandchildren in his will. The will stated that one third of the estate was left to his granddaughter, Sarah Whiton (defendant), and her “heirs on her father’s side.” Whiton’s other grandchildren were left the remainder. The grandchildren together contracted with Johnson (plaintiff) to sell the land and executed a deed to Johnson. However, Johnson refused the deed on the ground that Sarah Whiton did not have a fee simple interest to convey. Johnson brought suit to recover the deposit paid under the purchase agreement.