Toler v. Harbour

REYNOLDS, Chief Justice.

Granting plaintiff’s motion, the trial court summarily decreed that a will, which states plaintiff shall “have and hold a life-estate only” in realty and “at his death his heirs take the fee simple title,” vested, by operation of the rule in Shelley’s case, the fee simple title in plaintiff. The non-moving defendants did not present to the court any issue which would avoid plaintiff’s entitlement to the summary judgment established by the proof. Affirmed.

Plaintiff Frank A. Harbour instituted this action to secure a declaratory judgment construing the last will and…