Fitzpatrick v. Wolfe

Appellant brothers of Mary Agnes Fitzpatrick, deceased, appeal as of right from an opinion and order which construes the decedent’s last will and testament. The probate court judge found that the testatrix’s deceased brothers, Lloyd and Frank Fitzpatrick, were within the class of persons entitled to take under the residuary clause, and thus in accordance with the antilapse statute, MCL 700.134; MSA 27.5134, their children, the appellees, would take by representation in their place. We affirm._

*122There is no dispute between the parties as to the factual background and no testimony was offered by…