Avery v. Lillie

Action to set aside deed and to quiet title to certain real estate in plaintiff. Counterclaim by defendant • to quiet title in her to the same real estate. Judgment for plaintiff. Defendant appeals. : -

Alma L. Avery died May 11, 1964. Her will, duly admitted to probate without contest was dated October 19, 1959. On July 15, 1964, Marjorie Heffelfinger Lillie, one of decedent’s daughters, filed a deed which conveyed decedent’s homestead to Marjorie. This deed was dated May 19, 1962. The will specifically devised this real estate to plaintiff Robert W. Avery. The devise would, of course, be…