Presbyterian Orphanage v. Fitterling

This is an action in equity, brought by the Presbyterian Orphanage, to set aside two deeds conveying 324 acres of land in Johnson County. The individual respondents filed an intervening petition asking for the same relief. The trial court entered a decree declaring both deeds void as to only three-fourths interest in the land described. Defendants have appealed.

Defendants bring up only the record proper. The claim of plaintiff (as the Presbyterian Orphanage will be hereinafter designated) to the land described, as shown by its amended petition, is based upon the will (set out in full in its…