In Re Estate of Rogers

Bertha Helms, an adopted daughter of Thomas Rogers, died in 1935, leaving a son, John Helms. Bertha Helms was a sister of Jennie E. Kirkwood who was adopted by Clemit Rogers, a brother of Thomas Rogers. Thomas Rogers died in 1937, leaving a last will and testament which gave all of his property, subject to the payment of debts, to his niece, Jennie E. Kirkwood and her husband Clarence. The will contained the following provision:

“Having complete confidence that my niece, Jennie E. Kirkwood and her husband, Clarence Kirkwood of Des Moines, Iowa will amply provide and care for my grandson, Jack…