Estate of Bohnsack

The trial court concluded that the testatrix did not intend to include the illegitimate issue of her daughter when she provided in her will that the balance of a trust estate “shall be given to her issue, if any survive her.” We reach the same conclusion.

The facts of the case are not in serious dispute, although the legal significance of such facts is contested. Olga Bohn-sack died testate on June 29, 1961. Her will had been executed on May 5, 1960, and republished by two subsequent codicils. The will left the residue of her estate in trust for her daughter, Vernette Bohnsack, and also…