Allen v. Pedder

The opinion of the court was delivered by

Burch, J.:

The action was one by a purchaser of land from a devisee, to quiet title against a person claiming a contingent interest under the will. The petition stated the facts, a demurrer to the petition was overruled, the claimant, Clarkston, stood on the demurrer, and judgment was entered for plaintiff. The claimant appeals.

On June 1, 1921, William A. Pedder made the will in question. He died on April 13, 1922, and the will was duly probated. The item of the will material to the controversy reads as follows:

“Third: I give, devise and bequeath to my…