Dietemann v. Dietemann

In this proceeding plaintiff in error sought a construction of paragraphs VI, VII and VIII, contained in the will of Marie Lumena Dietemann, deceased. Such portions thereof as are necessary to our consideration are as follows:

“VI. I direct my Executor, hereinafter named, to sell, as soon as can be done without sacrifice, and my Executor shall be the sole judge as to what would be a sale without sacrifice, my land in Elbert County, Colorado, and to pay from the proceeds of the sale of said property the following bequests:

“To the Sacred Heart Church of the City and County of Denver, State of…