Behrens Lumber Co. v. Ev. Lutheran Good Samaritan Society

When Fred C. Harms died on the 25th day of February, 1934, there were in existence two corporations having identical names, to wit: Evangelical Lutheran Good Samaritan Society, a North Dakota corporation; and Evangelical Lutheran Good Samaritan Society, a South Dakota corporation. Fred !C. Harms left a last will and testament which, among other provisions, contained the following: “I give, devise and bequeath all the rest, residue and remainder of my property, both real and personal, of every kind, nature and description, to the following named persons, in the following proportions: * * * to…