Spellerberg v. Huhn

CLEMENS, Senior Judge.

Appellant-grantor Theodore Spellerberg appeals the denial of a life estate in a declaratory judgment action. We reverse and remand.

Appellant, along with his brothers Herman, Henry, and Lawrence Spellerberg, as part of a settlement in a prior partition suit entered into an agreement along with a warranty deed conveying their interests in a 240 acre farm. This agreement provided that the party of the first part agree and covenant that Herman Spellerberg, Henry Spellerberg, Theodore Spellerberg, and Lawrence Spellerberg could live and reside on the aforesaid real estate for…