Eimers v. North Idaho Children's Home

DONALDSON, Justice.

The facts of the present case are undisputed. The testator Ira D. Kerlee died on September 11, 1974 at 6:50 p.m. Margaret Fogg, testator’s sister and the primary beneficiary under the will, died on September 14, 1974 at 8:55 p.m., approximately 74 hours after the death of her brother. The testator named the Children’s Home Finding and Aid Society as the conditional beneficiary of his estate. If Margaret Fogg did not survive the testator, the estate would go to the Children’s Home Finding and Aid Society, hereinafter referred to as the North Idaho Children’s Home.

Both…