Mesecher v. Leir

Hale, J. —

The question involved is whether, under a bequest to the children of an aunt of the testator, an adopted daughter of such aunt will inherit equally with the two natural children. The ease was tried largely on a stipulation of facts, in substance, as follows: The will of Albert Mausnest, of Davenport, was duly admitted to probate on April 3, 1944; that by said will he devised and bequeathed one-third share of the residue of his property as follows — “a one-third share thereof unto such of the children of my aunt, Mrs. Kate Yeager of Rock Island, Illinois, as may be living at the date…