Fritz v. Gehris

Schaeffer, P. J.,

Plaintiff seeks recovery under an agreement for the sale of real estate. Defendant refused the tender of the deed offered and filed his affidavit of defense in lieu of demurrer to plaintiff’s statement of claim. Plaintiff claims title in fee simple under the will of her hus*795band, Martin H. Fritz, deceased. Defendant refused on the theory that plaintiff took only a life estate in the property to be converted. The determination of this suit, therefore, involves and is dependent upon the interpretation of the will of said decedent.

Before determining this main issue, it becomes…