Priest v. Priest

ABRIDGED OPINION

TODD, Presiding Judge.

Plaintiff, Oscar Dowell Priest, has appealed from the dismissal of his complaint for failure to state a claim upon which relief can be granted.

The complaint states the following facts:

1. Defendant, Ola Priest, is the widow of Clifton V. Priest who died in 1964 leaving a will which devised to his widow the use of certain realty during her widowhood with power to sell for reinvestment or for her needs.

2. Plaintiff is the nephew of the deceased and by said will is entitled to a remainder interest in said land subject to the rights of the widow to use or sell…