Schwarz v. Rabe

The opinion of the court was delivered by

Hutchison, J.:

This is an action to quiet title to certain real estate in Edwards county and involves the construction of a will as to whether it creates a fee tail estate or a contingent remainder. It was agreed that the pleadings correctly stated the facts and the cause was submitted upon the pleadings without evidence, and the trial court found in favor of the defendants, that the will did not create an estate in fee tail, from which judgment the plaintiff appeals.

The devisee in the will conveyed her interest in the land to her brother, the…