Phillips v. Phillips

Smith, Presiding Justice.

Clyde Leon Phillips devised to his son Jerry Lamar Phillips, the appellant, two tracts of land subject to the stipulation that the property could not be sold, mortgaged, encumbered, or otherwise disposed of for a period of ten years. In her capacity as executrix of Clyde Leon Phillips’ estate, the appellee Mattie Elizabeth Phillips, the testator’s widow, executed a deed of assent which included the alienation restriction adopted from Item 4 of the will. The deed of assent was duly recorded. The appellant initially filed this action in Talbot Superior Court seeking to…