Carroll v. Schuette

Messmore, j.

This appeal involves the construction of the last will and testament of Frederick W. Schuette, deceased. The sole controversy is over the meaning of the following bequest and devise contained in the will: “One-fourth to the children of my deceased brother, John Schuette.”

The record discloses that the will of Frederick W. Schuette, dated April 16, 1938, was admitted to probate in the county court of Furnas county June 14, 1938. Frederick W- Schuette departed this life during the year 1938. A brother, John Schuette, died several years prior to the date of the will of Frederick W.…