Allen v. Shea

BISTLINE, Justice.

This is an appeal from a district court decision affirming a magistrate court order finding that Lucy Allen died prior to the distribution of her husband’s estate within the terms of his will. A.P. Allen died testate on May 11, 1975. He was survived by his wife, Lucy Allen, and five children. He left a one-page will which provided:

“THIRD. I give and devise the residue of my estate, be the same real or personal property, unto my wife, Lucy K. Allen, if she shall survive me.”

However, a fifth provision modified the third:

“FIFTH. In the event my wife shall survive me, but dies…