Matter of Estate of Herring

MOORE, Chief Justice.

Residuary legatee appeals from trial court construction of will order which held landlord-testator’s devise of fee to tenant merged leasehold into freehold and consequently landlord-testator’s one-half share of unharvested unmatured crops passed in its entirety as real estate to the tenant-devisee. On appeal, the Court of Appeals reversed the trial court. We granted further review.

The facts are not disputed. Elmer A. Herring died unmarried, without issue and testate on September 16, 1974. In his will he devised a 332.4 acre farm to his tenant, Fred Swanson. He made…