Ballance v. Garner

The opinion of the court was delivered by

Smith, J.:

This was a proceeding in probate court to construe a devise of real estate. The probate court determined Elnora Garner was entitled to the real estate described. On appeal the district court gave judgment to the same effect. Certain interested parties have appealed.

The matter arises out of the will of Allen Garner, Sr. He left surviving him his widow and ten children. His will disposed of real and personal property. We are concerned with a portion of a sixty-acre tract of real property. The provisions of the will with which we are concerned…