Wilson v. Ehlers

Holt, Justice.

The appeal is from a judgment of the district court rendered on an appeal from the final decree of distribution of a testate estate by the probate court. The will of Flora Galbraith provided:

“After the payment of such funeral expenses and debts, I next give, devise, and bequeath all of my property and estate, real and personal, left by me at my decease to my heirs at law to be divided between them in the same proportions as though I left no Last Will and Testament.”

The will was made April 1, 1938, and testatrix died July 31, 1939. She died leaving no issue, spouse, father, nor…