Burkhalter v. Breeden

(dissenting) : This action was commenced October 3, 1929, and is for the purpose of quieting the title of the plaintiff to a certain tract of land, the fee-simple title to which he claims under the will of his grandfather, Peter L. Breeden, as will be explained.

The case, was tried by his Honor, Judge Dennis, upon practically an agreed statement of facts, and on March 28, 1930, he filed a decree dismissing the complaint; from this decree the plaintiff has appealed.

It appears that Peter B. Breeden died on October 10, 1919, leaving a will; he was survived by his widow, Margaret E. Breeden, and…