Estate of Zins Ex Rel. Kelsch v. Zins

VANDE WALLE, Justice.

William C. Kelsch, acting as the personal representative of the estate of Philippine Zins, appealed from a judgment dismissing an action seeking to impose a trust upon Eugene Zins. We reverse and remand.

In 1973 Philippine Zins (decedent) and her husband, Gerhard Zins, executed virtually identical wills. Under the terms of each spouse’s will, all of that person’s property was to pass to the other spouse if he or she survived; however, if the other had predeceased, the bulk of the estate was to go to the following three institutions: St. Lawrence Catholic Church of Flasher,…