Nissler v. Smith

PIERCE, Judge.

This is an action for construction of the will of Harry Daigle. The guardian ad litem for Douglas and Scott Daigle appeals a judgment in favor of John and David Smith which made the Smiths co-devisees with the Daigles. We affirm the result reached by the trial court.

The testator, during his first marriage, fathered John and David. After the first marriage terminated by divorce, John and David were adopted in 1957 by their natural mother’s second husband with Harry’s consent. In 1968, Harry married his second wife, Harriet. Later that year, when Harriet was pregnant, Harry…