Matter of Estate of Lembach

PIERCE, Judge.

Petitioners, Michael Lembach and Mede-lon Marie Lembach, appeal the order of the district court denying their motion to vacate an estate closing order. We reverse and remand.

Decedent, Anthony Lembach, died on April 20,1975, leaving a will designating his wife, Cecily Ann Lembach, as executrix and residuary devisee of his estate. The will did not provide for decedent’s children (petitioners) except that the residuary devise was made “knowing that she (the executrix) will provide for the health, happiness, and welfare of my beloved children.” The will was subsequently admitted to…