Russell v. Bovard

The opinion of the court was delivered by

AlleN, J.:

The land involved in this controversy is located in Linn county and was owned by John H. Bovard at the time.of his death. Bovard died testate, and the land in dispute was embraced in the residuary clause of the will. It is stated that the residuary devisee predeceased the testator, and that Bovard died intestate as to the land in this litigation. In a proceeding in the district court of Linn county (Cause No. 9656), Spencer D. Bovard and Joseph F. Beurskens were appointed trustees with directions to sell this land, and to report any sales…