Long v. Crum

267 N.W.2d 407 (1978)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Vernon P. Long died. His assets included two contiguous parcels of real estate of approximately 342 acres. At the time of her husband's death, P was forty-one years old. She is now sixty years of age and remains unmarried. Her two children, Margaret Kathryn and Bernard Wayne, ten and six respectively when their father died, are now twenty-nine and twenty-five years of age. Both are unmarried and childless. It is unlikely Margaret will ever have children. The income from the property has been insufficient to maintain and improve the farm. Two real estate experts fixed the value of the property at approximately $375.00 per acre. Vernon's will gave the residue and remainder of the estate to P, for her use and benefit during her life time, she to have, collect, and use the rents and profits thereof. On her death, the residue and remainder go to the children or to the survivor of them, as tenants in common, with remainder over in fee per stirpes to the heirs of their bodies. P and the children asked that the real estate be sold and for the appointment of a trustee to administer the proceeds on behalf of the life tenants, and preservation of the corpus for the benefit of those who ultimately become entitled to it. A guardian ad litem was appointed to represent all unknown heirs and claimants. The trial court rejected P's petition. It held that the court's power to order a sale under these facts in this respect will be invoked only as a matter of extreme necessity, * * * because if exercised under any other circumstances, it would be an unwarranted interference with the express intent of the testator. P appealed.