Smith v. Widmann Hotel Co.

Respondent brought this action in forcible entry and detainer to oust appellant, the operating com*119pany, from the Widmann Hotel property in the City of Mitchell. Appellant held possession under a 15-year lease made with the trustee under the will of Fred Widmann. The lease had more than 6 years to run when the action was started. Respondent claims and the circuit court held that under a proper interpretation of the trust terms of the will the trust had terminated prior to the commencement of this action and that the lease therefore terminated, the trustee being without power to extend the term…