Matter of Estate of Johnson

McGIVERIN, Justice.

In this case, we must determine whether the will of decedent Hans Johnson created a vested proportionate remainder interest in his son, Robert Johnson, which in turn passed when he died under the residuary clause of Robert’s will to his brother, Dennis Johnson, or whether Robert only received a life income interest coupled with a general testamentary power of appointment.

The executor of the estate of Hans Johnson recommended in the final report to the district court that Robert’s share pass to his brother, Dennis. One of the other beneficiaries of Hans’ estate, Hans’…