In Re the Estate of Fortney

Abbott, J.:

This is an appeal from a district court order striking four quarters of land from the inventory of the estate of John W. Fortney and denying the appellants’ petition for allowance of demand. The issue involved concerns the construction of the Last Will and Testament of Asa Fortney and Adaline Fortney, John’s parents. The appellants are the descendants of the brothers and sisters of Asa and Adaline Fortney who claim status as remaindermen under the will of Asa and Adaline Fortney. Appellee Lloyd E. Amspacker is the nephew of John W. Fortney’s wife, and Amspacker claims status as an…