Matter of Estate of Franzkowiak

UHLENHOPP, Justice.

In this appeal we deal with the right to possession of a decedent’s real property during the pendency of a contest of wills allegedly made by her.

Dorathy A. Franzkowiak died on September 12,1977, owning real estate including a farm of 110 acres (“the farm”). She was survived by four sons: Frank, Henry, George, and Dwayne. Frank was the farm tenant. On September 22, 1977, a 1967 will executed by Mrs. Franzkowiak was offered and admitted to probate, and letters of appointment were issued to Russell S. Wun-schel as executor. That will purported to devise the farm to a group of…