Householter v. Householter

The opinion of the court was delivered by

Burch, J.:

The question presented for consideration is whether a *615clause in a will created a joint tenancy or a tenancy in common. The action was brought for the partition of certain land and the issues were submitted to the district court upon a stipulation. The district court held that a joint tenancy was created by the will and from such ruling the appeal was perfected. A short statement of the essential facts follows.

On August 20, 1901, Henry Householter, Sr., executed the will in question. Such will was written by M. Y. B. Sheafor, who had served…