Lentz v. Lentz

Appellant’s first assignment of error presents the question whether the option here sued upon relates solely to defendant’s 1/6 undivided interest in the 214-acre home tract, which defendant received as one of the remainderman under Item Four of his grandfather’s will, as defendant contends, or whether in addition thereto it includes defendant’s 1/18 undivided interest in the 194-acre tract, which was originally devised to William Marshall Thomas for life by Item Two of said will, as plaintiff contends. On the admitted and stipulated facts, the trial court ruled as a matter of law that…