Fortinberry v. Fortinberry

McDONALD, Chief Justice.

This is an appeal from a summary judgment that plaintiff take nothing in his suit to set aside a final judgment probating a will as a muniment of title. Dudley Fortin-berry, father of plaintiff and defendant, died in August 1937, leaving a written will in which he devised all of his property to his surviving wife, Laura Fortinberry (mother of plaintiff and defendant). Laura Fortinberry had possession of the will after the death of Dudley Fortinberry but never probated it. On 23 October 1946 Laura Fortinberry sold the real property belonging to Dudley Fortinberry (and…