Dorn v. Cartwright

DIXON, Chief Justice.

Appellee J. W. Cartwright, Jr. filed suit for declaratory judgment to construe a will. The purpose of the suit is to determine whether appellee has the right under the terms of the will to convey fee simple title to certain real property, in particular whether he has a right to convey such title to Melvin Kalmbach, with whom he has already entered into a contract of sale.

The defendants in appellee’s suit are the surviving children, the children of deceased children and the heirs known or unknown of J. W. Cartwright, Sr. Appellee is a son and appellant Attie Dorn is a…