Gratton v. Gratton's Estate

This is suit by Arilla Gratton, -widow of Isaie Gratton, to set aside the will of her deceased husband upon the ground that it creates a perpetuity. The trial court sustained plaintiff’s contention in respect thereto and set aside the will. The correctness of this ruling is the principal question for decision upon this appeal.

From the record before us, it is uncertain at what stage of the proceedings the trial court ruled. There is a complaint, an answer, a demurrer to the answer, an order sustaining the demurrer and a reply to the answer, and no record of an amended answer having been filed.…