Estate of Naylor v. Koeppe

STEPHAN, Judge.

This is an appeal by Willis E. Naylor, as executor of the estate of Major W. Naylor and individually, and by other statutory heirs of the decedent from a judgment of the Probate Division of the Circuit Court of the City of St. Louis construing the will of the decedent. We reverse and remand.

After providing for the payment of debts and burial arrangements, the will in question states that “all the rest, residue and remainder of my estate” is devised and bequeathed:

to my dear wife, Betty P. Naylor, provided however, if my said wife and I should perish in a common disaster, or if…