Woodley v. Howse

The opinion of the court was delivered by

Sloan, J.:

This was an action for a declaratory judgment to construe the will of R. W. Ross, deceased, and to determine whether plaintiffs have a merchantable title in fee simple to certain lands described in the petition. The trial court found that the will created a fee-tail estate and that the entail had been barred by the conveyance of the real estate, and rendered judgment accordingly. The defendant appeals.

The last will and testament of R. W. Ross, deceased, was duly and regularly admitted to probate on the 23d day of November, 1916. The portion…