Estate of Jensen

Opinion

AULT, J.

Shirley M. Miller, the former wife and a judgment creditor of Marion L. Jensen, appeals from the decree of final distribution in the estate of Marian’s mother. The decree ordered the estate divided equally between Marion and his four brothers after the court found a specific devise to Marion of real property, appraised at a value of $18,500, had. lapsed “by non-payment of the sum of $1,160.00 by him as a condition precedent

Marion became indebted to Shirley under a 1959 judgment of divorce which ordered him to pay her $40 a month for the support of each of their six minor…