White v. Brown

Jessie Lide's will left her home to White (plaintiff) but included language prohibiting White from selling the residence. After Lide died, White sought a construction of the will confirming she received the home outright; Lide's nieces and nephews (defendants) opposed, and the trial court held the will granted only a life estate, not a fee simple. White sought review.

Whether ambiguous language in a will should be construed as passing a fee simple absolute rather than a lesser estate.