Lawrence J. Rogers Trust v. Rogers

This appeal arises from a declaratory judgment interpreting a will and testamentary trust. The respondent urges that under options provided in the instruments, he is entitled to purchase two 40-acre tracts for a total of $36,000. The executor of the will urges that the purchase price under the will is $36,000 for an undivided half interest in the property and another $36,-000 under the trust for the other undivided half interest. The district court ruled for the executor. On appeal, we transferred the case to the court of appeals which reversed the judgment of the district court on a divided…