Russell v. Johnston

SCHULTZ, Justice.

Two issues are presented in this appeal from a ruling in a will construction action. First, we must determine whether a devise in decedent’s will to a woman who decedent later married was revoked by the subsequent dissolution of that marriage. The district court held that the devise was not so revoked. Second, we must decide whether the district court erred in interpreting a contingent provision of decedent’s will. The district court held that if the devise to decedent’s second spouse, Marie K. Johnston (Marie), failed, Marie was entitled to the estate as assignee of the…