In Re Estate of Niehenke

Facts of Case

This case involves construction of a will and application of Washington's anti-lapse statute to a testamentary option to purchase estate property.

Raymond J. Niehenke (hereafter testator) died on February 12, 1987 leaving a last will and testament which provided in pertinent part:

Option to Purchase Property

I give, devise and bequeath unto the following relatives the option to purchase the farmlands as hereinafter set forth, upon the terms and conditions hereinafter provided:

1. My nephew, FRANCIS NIEHENKE, shall have the option to purchase on contract as hereafter provided, the *634farm…