Alexander v. Goellert

The opinion of the court was delivered by

Harvey, J.:

Plaintiffs, trustees of the estate of Carl Goellert under the will of his mother, brought this action to have the will construed with respect to their right to mortgage or sell certain real property and give full title thereto. Defendants claimed the fee of the real property subject to the life estate of Carl Goellert. The trial court construed the will in harmony with the views of plaintiffs. Defendants have appealed.

Franc Goellert and his wife, Imkea Goellert, settled in Thomas county in the homesteading days of the early ’80s. By their…