In re Estate of Petersen

This is an appeal from the action of the court in construing a will. It appears that, on and prior to the 10th day of August, 1916, Myrtle Wart Petersen was the owner of certain real estate and personal property, and on that date made a will. The parts material to this controversy only we set out:

“Second. I hereby devise and bequeath to my husband, P. N. Petersen, the statutoiw share of my property of which I die seized, it being my desire that he shall receive the same portion of my estate that he would if I did not make a will.

*946“Third. I hereby devise and bequeath to my mother all the rest…