In Re Estate of Zimmerman

This is an appeal from an order entered by the Circuit Comt of Winnebego County, Illinois, on a petition to construe the will of Oscar R. Zimmerman, deceased. The facts are not in dispute. The issue is whether the trial court properly construed the decedent’s will in the light of section 46 of the Probate Act.

The decedent was married in 1967, made his will in 1968, was divorced in 1972, and died 2 months later without having changed his will. The will gave his wife, Mary A. Zimmerman, the residue of his estate if she survived him by 30 days. If she did not, the will gave the residue of his…