Houts v. Jameson

REYNOLDSON, Justice.

In this proceeding to construe a will, trial court held a residuary bequest of trust corpus effected a per capita and not per stirpes distribution, among five beneficiaries in specific shares. We modify and affirm.

W. E. Gilchrist, age 91, died May 30, 1964. This testator was survived by his wife; a nephew Wallace A. Houts; the heirs (four children) of C. C. Jameson, a deceased nephew; and two nieces, Eleanor and Dorothy Houts.

Decedent’s will, dated Steptember 20, 1957, created a life estate in the wife and provided for several specific bequests upon her death. It was then…