Ogle v. Ogle

Wül construction.

The court below — on the pleadings — found that the provisions of the wül did not cover the events that occurred and that the laws of intestacy must govern.

The trial judge was correct.

We affirm.

Oscar Smith died suddenly of a stroke on April 10,1977, and his wife, Alma, died 15 days later from a lingering cancer ülness. The following dispositive provisions were contained in their reciprocal wiHs:

“SECOND: I give, devise and bequeath aU of my estate, real, personal and mixed wheresoever situated to my wife, ALMA I. SMITH, if she [my husband, OSCAR H. SMITH, if he] shall survive…