In Re Estate of Kittson

The appeal is from a judgment of the district court affirming a decree of the probate court distributing a one-ninth share of the residue of the estate of Norman Kittson to the respondent to the exclusion of appellants, who claim one-half thereof.

The facts are stipulated. Norman Kittson died testate leaving no wife, issue, or parent. The will, after providing for debts, funeral and administratiye expenses, made certain specific bequests and then, by the sixth paragraph, bequeathed the residue in equal shares to his brothers and sisters, naming each, seven of whom were then living, and one…