In Re Estate of Smatlan

Connolly, Judge.

INTRODUCTION

This appeal concerns the interpretation of a will. The appellant, Robert Foral, was a devisee of the estate of Edward Emerson Smatlan. Under paragraph 8 of Smatlan’s will, Foral was to receive all of Smatlan’s land along the Platte River. Smatlan had apparently acquired a 99-year lease on property on which a cabin was located, which property adjoined his land on the Platte. The personal representative filed a schedule of distribution listing the 99-year leasehold as the personal property of Phyllis Vanicek and Alyce Volk, Smatlan’s daughters and the residuary…