Schmick Estate

Opinion op

Mr. Justice Allen M. Stearne,

This appeal raises two questions: (1) did the election of the widow to take against the will cause the failure of the entire testamentary disposition and (2) do the bequests to grandchildren and their issue transgress the rule against perpetuities.

Testator executed his will in 1933. He was survived by a wife and a married daughter (an only child) who had three children. The will discloses testator’s antipathy toward his son-in-law. The death occurred March 5, 1935. The wife, daughter and the three grandchildren still survive. The entire estate consisted…