Matter of Estate of Nagl

I dissent.

It should be noted that F.M. Nagl had seven brothers and sisters and Florence had six brothers and sisters. Their siblings predeceased them. The appellant Elma Schneider is an only child of one of Florence’s sisters. Appellant Philip Kennebeck is the only child of one of F.M.’s brothers.

When Florence and F.M. died there were some 45 persons who would have taken by intestate distribution. Some of the heirs were nieces and nephews and some were grandnieces and grandnephews. If Florence and F.M. had died intestate these people would have taken per stirpes, meaning different persons…