Britt v. Upchurch

Facts

Walter Hartman was married to Ada Cassie Hartman, his second wife, when he died leaving a will giving his “residence at 2615 Coleman” to his wife for her life and residue to his daughter the Plaintiff. Ms. Hartman died five years later leaving a will that left all of her personal and real property to her child the Defendant. When Walter died he lived in the same house he had lived in since its purchase in 1948. The house was located on lot 36 and at the same time as his purchase his mother purchased lot 37. Walter’s mother conveyed lot 37 to him by deed several years after the purchase. So at the time of his death Walter owned both lot 36 and 37. Defendant, daughter of Ada from a previous marriage, attempted to claim title to lot 37 under her mother’s will contending that it passed to her mother under the residuary clause of Walter’s will. Plaintiff, daughter of Walter from a previous marriage, brought this action to quiet title to lot 37 claiming it under her father’s will. Defendant attempted to enter into evidence an affidavit of the attorney who drafted the will. Plaintiff filed a motion in limine to exclude such evidence regarding Walter’s intent. The trial judge granted the Plaintiff’s motion for summary judgment declaring her the owner of lots 36 and 37. Defendant now appeals.