Hollowell v. Hollowell

FRYE, Justice.

In this case we decide whether the Court of Appeals erred in affirming the trial court’s entry of partial summary judgment for plaintiff in which the trial court concluded that plaintiff possesses a one-fourth undivided interest in fee simple in the ninety-five acres of land in question. The resolution of this issue turns upon the proper construction of the will of Ed Langston who died on 30 May 1948. The determinative question is whether the testator’s grandnephew, Milford Edgar Hollowell, at the time of his death, owned an interest in the land in question. If not, Milford…