Luttrell v. Luttrell

This is an appeal on questions of law from a judgment of the Probate Court on a petition of the plaintiff, appellant herein, both individually and as co-administratrix of the estate of James E. Luttrell, for a declaratory judgment of that estate’s interest, if any, in and to certain real estate consisting of an approximate one hundred and twenty acre tract known herein as the “Adams” tract. The question presented to the court below was whether the deceased James owned the Adams tract in fee simple or only for life. The facts are not in dispute and may be summarized as follows:

In 1912, the…