Walker v. Sturgis

Plaintiffs filed a complaint charging that paragraph four of the will of Otis Nelson gave his widow a fee simple estate and that the gift over to a brother, Rolla, was void. Defendants moved to strike the complaint on the ground that the paragraph is neither ambiguous nor uncertain and that the court should not assume jurisdiction to construe a will which is neither ambiguous nor uncertain. The trial court allowed defendants motion to strike and, plaintiffs electing to stand on their complaint, entered an appropriate judgment in bar. On appeal to the Supreme Court, the case was transferred to…