Lewis v. Searles
Supreme Court of Missouri
452 S.W.2d 153 (Mo. 1970)
Letitia Lewis (testatrix) willed her property to her niece, Hattie (plaintiff), so long as she remained unmarried. If she got married, the property would be divided equally between Hattie, testatrix’s other niece, and testatrix’s nephew. Hattie brought suit for declaratory judgment that the restriction in the will against marriage was void and that she was the owner of the property in fee simple. The children of testatrix’s nephew (children) (defendants) counterclaimed to establish Hattie’s interest as a life estate. The trial court found in favor of the nephew’s children. Hattie appealed.
Rule of Law
Holding and Reasoning (Eager, S.C.)
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