Brundige v. Alexander

OPINION

BROCK, Justice.

This is an action to construe a will. On June 22, 1974, Mrs. Betty Condra, testatrix, and her husband, R. W. Condra, were killed when their automobile was struck by a train on a railroad crossing, the circumstances affording no evidence that either survived the other. Mrs. Condra left a will in which she made numerous gifts to churches and individuals and which contained the following residuary clause:

“16th: All of the rest or residue of my estate, I give, devise and bequeath to my dear husband, R. W. Condra, in fee simple and absolutely.”

The will contains no provision…