Ingrum v. Ingrum

KLINGEMAN, Justice.

This is an appeal from a declaratory judgment construing certain provisions of a trust created and set up in the last will and testament of Addiebel Ingrum, deceased. The trial court held that: (a) the provision in the decedent’s will directing the trustee to hold the ranch intact for ten years 1 is a restraint against alienation which is repugnant to the devise of the fee simple estate and is ineffectual as a disabling grant and, therefore, null and void; (b) the net assets of the estate, exclusive of the ranch, are insufficient to pay the debts owed by the decedent, the…