Herbst v. Treinen

Plaintiffs’ petition, filed pursuant to rules 261 to 269, Rules of Civil Procedure, asks judgment declaring their rights as owners of certain personal property in the hands of defendant administrators and directing them to deliver it to plaintiffs. The action was dismissed upon the three grounds of defendants’ motion for dismissal. Plaintiffs have appealed.

Plaintiffs’ petition alleges the probated will of Jacob Herbst, who died in 1932, left a life estate in all his property to his widow, Barbara, with remainder to plaintiffs; Barbara elected to accept the terms of the will; upon closing…