Mason v. Windsor

Plaintiff brought this declaratory judgment action to have his rights determined in certain real property which was conveyed in 1942 to his grandmother, Florence Bowman Windsor (Mrs. Windsor), for life, with the remainder to “the heirs of her body.” Mrs. Windsor died in 1984. In 1975, she purported to convey the property to defendants, her surviving children. Plaintiff is the son of Mrs. Windsor’s third child, who predeceased her.

Defendant Donal Windsor (Windsor) moved for summary judgment. The trial court first concluded that Mrs. Windsor had acquired fee title in 1942 rather than a life…