Estate of Gibbs v. Krause

1. The intention of the testators as determined from all the evidence. The evidence leads irresistibly to the conclusion that Mr. and Mrs. Gibbs intended legacies to respondent, and that the use of the middle initial “J.” and the address on North Forty-Sixth street resulted from some sort of mistake.

Respondent testified that he met Mr. Gibbs about 1928. From 1930 to 1949 he was employed as superintendent of a steel warehouse where Mr. Gibbs was his superior. They worked in close contact. Until 1945 the business belonged to the Gibbs Steel Company. In that year the business was sold, but Mr.…