Wagner v. Wagner

On January 25, 1936, Joseph B. (Ben) Wagner and wife, Ida, executed a voluntary deed of their Polk County farm to Harry Wagner (Joseph’s son by an earlier marriage) “subject to an estate of and for my lifetime”; as of the same date Joseph B. Wagner, Harry Wagner and E. C. Newell executed a Trust Agreement which refers to said deed and in effect designates Harry and Mr. Newell as trustees: “After the demise of the said Joseph B. Wagner and the completing of title to the farm * * * the said trustees to be the sole judge of the propriety of either selling immediately or * * * holding said farm…