McElroy v. Fluker

VAN OSDOL, Commissioner.

This action was instituted ’by plaintiff, administrator c. t..a., for the construction of the will of John W. Fluker .who died October 19,. 1949. Testator left an estate of approximately,,, $65,0.00 comprised of cash, notes, stocks and bonds. By the residuary clause,' Item 13, of his will, testator gave a residuum of approximately $60,-000 in value to his- sisters Jennie Fluker Madsen and defendant Florence Fluker, “share and share alike.” The sister Jennie died -prior to the death of the testator, and the question presented by the parties, in seeking an interpretation…