Pothast v. Zimmermann

This action involves the construction of a will. That part of the will pertinent to the determination is: “Second, I give and bequeath unto my children, Esther, Helen, Annie, Myrtle and the baby, whose name I do not know, the sum of Five Dollars each. Third, I give, bequeath and devise unto my boys Ralph H. Zimmermann and Daniel S. Zimmermann all the rest and residue of my prop'erty, of every name, nature and amount, of which I may die seised or possessed, to be theirs absolutely.” The boy, Daniel S. Zimmermann, named in the above residuary clause, died in 1918, while the testator died in…