In re the Estate of Shannon

I respectfully dissent and vote to affirm. In his will the testator first gave his wife’s diamond ring to his brother-in-law and then disposed of the residue of his estate as follows: “[T]o my brother-in-law, Floyd E. Wheeler, of Toledo, Ohio, and my brother, Eugene B. Shannon, of Duluth, Minnesota, share and share alike, that is, an undivided one-half (V2) to each, their heirs and assigns.” All of the persons named in the will predeceased the testator and there are no known distributees. Surviving are the wife and the child of testator’s brother-in-law, who claim the estate.

*1087I agree with the…