Mitchell v. Mitchell

Paul Waud, Justice.

This litigation is over a boundary line between two parcels of land in which two brothers have a life estate. They, together with two other brothers (not involved here), received a life interest in a large acreage through the will of their father who died in 1942.

To help understand the issue involved we set out a summary of the factual background.

By terms of the will the real estate was first placed in trust for ten years, then it vested in the four sons for life with remainder in the bodily heirs of the sons. The sons were also left certain personal property. In Mitchell…