Huse v. Noffke

LARSON, Justice.

Plaintiffs here have petitioned for the sale of real estate, devised to Helen Huse for her life with remainder to her heirs, under § 557.9, The Code, and Rules of Civil Procedure 270-298. The trial court denied the petition, and we affirm.

The “joint and mutual” will of Henry A. Noffke and his wife, Mary, was executed in 1948 and was fully administered upon as to both testators. Henry’s was the last estate administered, and he is thus referred to herein as the testator.

Relevant sections of the will are as follows:

II.(4) We give to our daughter, Helen I. Huse, if she survives…