Matter of Estate of Palizzi

This is a will contest which centers on whether the testator’s devise of farm land also included water rights. Margaret M. Palizzi, the personal representative of the Estate of Carl A. Palizzi (the petitioner), filed an action against Tom Palizzi, the personal representative of the Estate of Anthony Palizzi, Jr. (the respondent). The Adams County District Court determined that the water rights were appurtenant to the land, were devised by implication to the petitioner, and therefore issued a permanent injunction prohibiting the respondent from interfering in the use of the water rights. On…