In Re Estate of Magnus

OPINION

FORSBERG, Judge.

Donald and Gerald Sweeney appeal from an order of the probate court finding a specific devise to a trust adeemed under Minn.Stat. § 524.2-607 (1986). We affirm in part, reverse in part and remand.

FACTS

Dorothy B. Magnus died testate on August 17, 1988, at the age of 85. By order dated October 5, 1988, Magnus’ last will and testament and the first codicil thereto (hereinafter, the “will”), were formally admitted to probate.

Article III of the will made the following provisions for Donald and Gerald Sweeney (appellants):

Article III.

I bequeath all of the shares of the…