Gilbert v. Wenzel

The question presented is whether testamentary beneficiaries took interests in testator’s realty per capita or per stirpes. The district court held a per capita distribution among testator’s grandchildren was intended. We affirm the decision.

Josiah Early died testate February 28, 1917. Paragraph 2 of his will, made March 13, 1915, when he was 79, devised a life estate in all his property to his wife Sarah A. and his daughters Hannah Elizabeth and Flora Caroline “so long as they or either of them survive me. * * * if either of the parties herein mentioned should marry * * * she shall…