Asendorf v. (John F. Asendorf

*311The opinion of the court was delivered by

Smith, J.:

This started as an action to quiet title but was tried on an amended petition in which construction of a will was sought as well as equitable relief. Judgment was for the defendants. Plaintiff appeals.

The action was commenced in the district court by Fred Asendorf. He named as defendants all his brothers and sisters and their children. All were the children and grandchildren of one Fritz Asendorf. He alleged he was the owner and in actual possession of a certain described quarter section of land; that his father left a will which was attached…