Matter of Estate of Gardner

MAUGHAN, Justice:

The two daughters of testatrix appeal the construction of their mother’s will by the trial court. The respondent is a grandchild of testatrix, he represents himself and his five siblings, who are the surviving children of the deceased son of the testatrix. Under the ruling of the trial court, these six grandchildren, although specifically disinherited under the terms of the will, would share in the estate of their grandmother in accordance with the law of intestate succession. This case is reversed and remanded. All references are to Utah Code Annotated, 1953, as amended.

The…