Crosby v. Jones

Undercofler, Presiding Justice.

Irene Crosby seeks specific performance of a contract involving the sale of timber rights. The trial court granted Eula Jones’ motion for summary judgment on the ground that the deed under which Irene Crosby claims title through her deceased husband, Ernest, was testamentary in character, was never probated, and therefore was ineffective to pass any title to her husband. We reverse.

1. Laura Crosby, the plaintiffs mother-in-law, deeded forty acres to her son, Ernest Alton Crosby, in 1937, with the following language included in it: "Title use and occupancy of the…