Benolken v. Johnson

MR. CHIEF JUSTICE ADAIR:

Phoebe Benolken, a widow, died testate, leaving surviving her seven heirs at law. Five children, all adults, and two grandchildren, both minors, constitute her heirs. The grandchildren, appellants herein, are the issue of a predeceased son of testatrix.

The will of testatrix was admitted to probate — the estate was settled and decree of distribution was entered.

The decree distributes one dollar to each of the grandchildren and the rest, residue and remainder of the estate, consisting of both real and .personal property situate in Park County, Montana, in equal shares,…