Kapraun v. Kapraun

The plaintiffs, Anna C., Bertha P., and Karl A. Kapraun, instituted an action in the circuit court of Marshall County against Philip IT. Kapraun, individually and as executor, his wife, Agnes C. Kapraun, and his brothers, Edward W. and Anton Kapraun, to establish a constructive trust on 80 acres of land and for accounting and partition. This appeal is from the decree approving the master’s report recommending that the complaint be dismissed and is properly directed to this court since a freehold is involved.

The parties are the children and only heirs of Frank F. Kapraun who died April 1,…