Merriman v. Moore

OPINION

FONES, Justice.

This is a controversy between life tenants and remaindermen over the right of the life tenants to cut, sell, and retain the proceeds of timber. Specifically, the determinative issue in this Court is whether the timberland consisting of 650 acres of a 750 tract acre was a tree farm.

The learned chancellor and the Court of Appeals held that it was not a tree farm. The proof relevant to the tree farm issue is undisputed and in our opinion requires an adjudication in the affirmative.

W. J. Davidson died testate on August 26, 1941, survived by his wife Van and two daughters,…