In Re Estate of Wurtz

The opinion of the court was delivered by

Foth, C.:

This is a family dispute in which two sisters are pitted against two brothers over the terms of their mother’s will. The ultimate issue is whether the two brothers have forfeited the right to exercise an option, granted to them by the will, to purchase at a discount 180 acres of Washington county farm land owned by their mother at the time of her death.

The testatrix, Emma M. Wurtz, was survived by two sons and three daughters. The sons, Ralph J. Wurtz and Herman J. Wurtz, are the appellees. Two of the daughters, Geraldine Meyer and Vemus…