Eugene Gordon Doane, Appellant v. the Mercantile Trust Company, as Executor of and Trustee Under the Will of Mary…

Summary

The Court affirmed the lower courts' demurrer, holding that the supplemental complaint failed to state a cause of action because it lacked allegations of possession or right to partition, that an imperative direction to sell in a will converts real estate into personal property at the testator's death, and that the residuary estate vested in the testator's next of kin when the life tenants died without issue, a trust limited to lives being no obstacle to that vesting.