Stabler v. Ramsay

Tunnell, Justice,

delivering the opinion of the court:

The appellees’ petition alleges that in construing the 1946 contract the court ignored “the basic and fundamental factual situation in this case, which is undisputed; namely, that each of the sisters had transferred her vested interest in her one-fifth of the estate by her 1926” assignment and, consequently, that “it was impossible to have a ‘trenching’ upon the original one-fifth share of each of the three sisters for each had transferred that to the trustees twenty years before.”

The petition was disposed of on the briefs submitted in…