White v. Jenson

Appellants contend that the testator, “by defining his estate as including one half of the joint property [bank account] intended that the value of such property be taken into consideration in determining the one-tliird interest in his estate bequeathed to his wife.” They concede that “the will was ineffectual to pass the title to the cash in the bank account;” but suggest that the court, under its equity jurisdiction, has the power to decree distribution according to their contention. They seek construction of the will according to that concept. In determining the intention of the testator…