In Re Estate of Showers

*269The opinion of the court was delivered by

Fontron, J.:

This action is one to construe the will of Ellen C. Showers. It was commenced by her son, Kenneth W. Showers, by the filing of a petition in probate court. The cause was transferred to district court pursuant to 59-2402a, where judgment was entered against Kenneth. This appeal followed. In this opinion we shall sometimes refer to Mrs. Showers as Ellen and to Kenneth W. Showers as Kenneth, or plaintiff.

The facts are somewhat complicated. We shall attempt to state them as simply as possible. Mrs. Showers had three children: John, who was…