Erwin v. Kruse

This appeal comes here from a decree of the circuit court of Iroquois County, which construed the will and codicil of Frank J. Kruse, deceased, confirmed title to real estate in certain plaintiffs, and directed the partition of part of the real estate. Defendants, Forst Kruse and Ralph E. Kruse, the only heirs-at-law of the decedent, were denied any interest therein by inheritance, and they bring their appeal here. A freehold is necessarily involved.

Frank J. Kruse died testate on August 26, 1957, owning several tracts of real estate. On January 6, 1958, two instruments, known herein as…