Matter of Estate of Kern

UHLENHOPP, Justice.

This appeal involves an attack upon the testamentary branch of the worthier title doctrine in the context of the antilapse statute, § 633.273, Iowa Probate Code.

Testatrix Annie I. Kern and her predeceased husband had but one descendant, their son Ralph Kern. Testatrix made a will giving all of her property to Ralph, who thereafter died unmarried. Testatrix died subsequent to Ralph’s death, and her will was admitted to probate.

The collateral heirs of testatrix’ deceased husband claim that testatrix’ property is to be divided among Ralph’s heirs. If so, half of the property…