Naffziger v. Cook

In this action between a widow and her stepdaughters we review a declaratory judgment construing the will of Harold J. Cook, deceased, and specifying estate assets ultimately liable for death taxes and a mortgage debt.

Cook willed to his wife a life estate in the Agate Springs Ranch, to his four daughters by a previous marriage all real property “subject * * * to the life estate,” and to his wife all other property. He emphasized the life estate of the wife and attached certain conditions in this language:

“I s= * * devise * * * to my beloved wife, Margaret, * * * (the Agate Springs Ranch) to…