Buttars v. Buttars

OAKS, Justice:

This action to quiet title requires this Court (1) to determine the nature of an interest created under the provisions of a will and (2) to determine whether a prescribed special limitation took effect.

The decedent, who died in 1961, provided by will for his wife and five children, including the plaintiff and defendant in this action. In an apparent effort to provide for his wife's support and to relieve her from management responsibilities, he devised real estate to his sons, but obligated them to pay annual sums to their mother. Only one aspect of that disposition is at issue…