Crutcher v. Elliston's Ex'rs

Opinion of the Court by

Stanley, Commissioner—

Affirming in part, reversing in part.

The residuary estate of O. P. Elliston was devised to his grandchildren, Charles O. Elliston and Mrs. Marie Jo Berge, jointly, with remainder to their children. The will further provides that in the event Charles O. Ellis-ton should die without issue, the portion of the estate received by him shall go in equal shares to the living children of his sister. Mrs. Berge was formerly the wife of E. J. Crutcher, by whom she has two children, Ernest J. Crutcher, Jr., and Joan Elliston Crutcher. She has a third, child,…