Brann v. Hall

*750The opinion of the court was delivered by

Thiele, J.:

This was an action for a declaratory judgment to construe a will.

Prior to his death in 1925, one George R. Rathbun owned real estate in Ellsworth county. After his death his last will was duly admitted to probate in the probate court of that county. Under the terms of that will, to which detailed reference is hereafter made, the testator devised separate lands to each of his seven children. We are concerned with two of these devises. On June 10, 1929, the son and devisee H. R. Rathbun conveyed the real estate devised to him to M. M. Rathbun,…