Miller v. O'NEIL

Jeanette Miller, the widow of Frederick S. Miller, grandson of Ira Miller, filed the instant declaratory judgment action to construe the will of Ira Miller. The trial court granted plaintiffs motion for judgment on the pleadings and held that part of the will was void and that Ira Miller devised to the grandson, Frederick S. Miller, a fee simple remainder in the real estate involved herein. The defendants, devisees of a portion of the real estate under the will of Floyd Miller appeal.

Ira Miller died March 25, 1939, leaving him surviving Nettie E. Miller, his wife, Floyd Miller, son, and…