Gunter v. Pogue

OPINION

NYE, Chief Justice.

This is an appeal from a judgment of the trial court ordering Gerald and Beryl Gun-ter, Independent Executors and appellants herein, to distribute certain property described in the will of Eldon Johnson, deceased, to Jo Ann Pogue, William Otten and Beryl Katchmazenski, appellees.

Eldon Johnson, the decedent, died testate in November 1979. His spouse had predeceased him, and he had no children of his own. He had eleven stepchildren by his marriage. The appellants and the appel-lees in this case were some of his stepchildren. The testator suffered from emphysema, which…