Sharpe v. Sharpe

The opinion of the court was delivered by

Burch, J.:

The appeal in this case is from a ruling of the district court in a declaratory judgment action. Two questions are presented. The first is whether an actual controversy existed which was justiciable under the declaratory judgment act. The second is whether the court’s ruling construing the will as creating a life estate with power of disposition was correct.

The paragraph in the will which the plaintiff sought to have construed reads:

“I give, devise and bequeath to my wife, Birdie [the plaintiff], all of my property, real, personal, or mixed,…