Jennie Dimond v. Elizabeth Kelly

CONNOR, Justice. This appeal presents a dispute between the heirs of Charles D. Brower, who died testate on February 11, 1945, and was survived by fourteen children. Appellants are the heirs living outside Alaska. They challenge the superior court's determination of their rights and interests in a parcel of land known as U.S. Survey 1432, located at Barrow, Alaska. Charles Brower's will and codicil granted appellants a remainder interest in the parcel, while granting appellees both life estates and a share of the fee remainder. 1 The central question presented is whether the entire area of U.S. Survey 1432 was within Charles Brower's estate and thus subject to distribution; resolving that determines the amount of land in which appellants hold a remainder interest. A subsidiary issue is whether appellants, as holders of remainder interests, can maintain an action for a partition of the remainder.