Johanson v. Johanson

The opinion of the court was delivered by

Burch, J.:

The action was one for partition of real estate devised by will of P. J. Johanson. The First National Bank of Hays City had purchased at execution sale the interest of a devisee, Constant Johanson. The extent of this interest depended on proper interpretation of the will. The district court held the will gave the testator’s widow an undivided half of the land in controversy, in fee, and not a life estate only. The bank appeals.

A copy of the will, to which the testator’s wife consented, follows:

“I, P. J. Johanson, of Lindsborg, McPherson…