Central National Bank & Trust Co. v. Hansen

UHLENHOPP, Justice.

This appeal involves a question, among others, of whether two clauses in a will are contradictory or compatible.

Testator Ole J. Hansen owned 80 acres of land (the eighty) which he mortgaged in 1964 to buy additional land. He had four children, Orville, Lyle, Ardell, and Dallas, and during his lifetime he made various gifts to them to assist them. He rented the eighty to Orville for $5 per acre plus taxes and upkeep. Orville also placed improvements on the eighty and paid the installments which became due on the mortgage. Testator’s wife predeceased him.

In 1972 testator…