Tretbar v. Aged Ministers Home

The opinion of the court was delivered by

Wertz, J.:

This was an action to partition certain real estate. The facts, so far as the determinative issues are involved, may be briefly stated: Niles J. Rasmussen, the owner of the real estate in question, died testate March 27, 1930. All of the property, real and personal, owned by him at his death was disposed of by items II and III of his will:

“II. I give and bequeath all the remainder of my property, personal, mixed or real to my beloved wife, Emma Rasmussen, for her use or employ as she may desire, during her natural lifetime.

“III. After the…