Welles v. Pape

This case had its inception in the Probate Court of Montgomery county, Ohio, based on a petition for direction and a declaratory judgment in construing item eight of the last will and testament of Mary E. Garst, deceased, who died August 30, 1891. The prayer of the petition was for a declaratory judgment and direction of the court, especially as to whether, by the terms of item eight, a fee-simple title to the real estate vested in the plaintiffs as of the date of the death of the testatrix or as of the date of the death of Nettie G. Frazier, who died February 17, 1938.

The cause was submitted…