Fatheree v. Gregg

The plaintiff filed a complaint for partition of certain real estate in Shelby County, alleging that she is a tenant in common with the defendants by virtue of certain provisions of the will of her grandfather. The defendants answered denying allegations of title in the plaintiff.

Except for the establishment of heirship, the matter was decided on the pleadings and the construction of the will, which was attached to the complaint as an exhibit. The trial court entered a decree finding that the plaintiff took no title to the real estate under the will, and could therefore not maintain…