Kimmel v. Hammond

Plaintiff filed a bill of complaint against defendant Hammond, as administrator with will annexed, and the individual defendants, who are devisees under the will of his mother’s estate, claiming that title to the real estate devised in said will passed to him under a trust deed.

Defendants filed an answer claiming the deed created a trust only for the lifetime of plaintiff’s mother; that plaintiff had not sold the property during her lifetime; therefore, the property, upon her death, passed under her will.

The court decreed that the title to the real estate remained in decedent at the time of…