Bartz v. Heringer

PEDERSON, Justice.

The issues presented upon this appeal are: (1) whether or not a co-optionee has a fiduciary duty not to enrich himself individ ually at the expense and to the detriment of his fellow co-optionee; and (2) whether or not there exists a latent ambiguity in the testatrix’s will requiring this court to ascertain the testatrix’s true intent. We conclude that a co-optionee has a fiduciary duty not to enrich himself at the expense of his fellow co-optionee.

We further conclude that (1) under the circumstances of this case Ella Bartz’s will was latently ambiguous, requiring us to…