75 Neb. 417 | Neb. | 1906
In 1887, Barbara Spevak, with her husband, Frank Spevak, Sr., resided upon- ICO acres of land in Colfax county, and occupied the same as the family homestead. The title to the land was in Mrs. Spevak. In that year she died, leaving surviving her six children, the eldest of whom was at that time sixteen years old, and the youngest was four years of age. Before her death she executed a will, by the terms of which she bequeathed to her children 80 acres of the land, using the following language in making such bequest: “I do bequeath to my children east half of the northwest quarter section (23) twenty-three, township (19) nineteen, range (4) four east, and Frank Spevak, my husband, shall have the use of all the land, and shall provide for all my children until they come of age, and after they come of age my husband shall pay them ($50) fifty dollars to each, and he shall provide for them until they come of age.” The will also devised the other 80 acres to the husband, as well as all the personal property, and nominated him as executor. The controversy in this case is as to the extent of the interest of Frank Spevak, Sr., in the premises. He claims that he takes the 80 acres which were devised to him by the will in fee, and that he has a life estate in the remainder of the premises. The children admit his title, to the 80 acres which were devised to him, but insist, as to the other 80 acres, that his interest in the same is limited to the use of the land until the youngest child becomes of age; that the devise was to them in fee, subject to the use by him for a term for years. The case was tried upon an agreed statement of facts. The court found that Frank Spevak, Sr., did not have a life estate in the premises, blit was only entitled to the use of the same until the youngest living child became twenty-one years of age, to reverse which judgment he appeals to this court.
It is contended by the appellees that, by qualifying as executor and by accepting the title in fee to the 80 acres
We recommend that the judgment of the district court be reversed and the cause remanded for further proceedings in accordance with this opinion.
By the Court: For the reasons stated in the foregoing opinion, it is ordered that the judgment of the district court be reversed and the cause remanded for further proceedings.
Reversed.