Nicholson v. Fritz

Sole question on this appeal is whether, as the trial court held, our antilapse statute, section 633.16, Code, 1958, applies to the will of George Franke, deceased. We affirm the decision.

Testator, a bachelor whose parents predeceased him, died August 3, 1959, at the home of his sister Etta Nicholson in Des Moines. He lived there since 1943 although his legal residence remained in Ringgold County. Etta and her adopted daughter Mary Howell are plaintiffs in the action. Defendants are four children and heirs-at-law of Louise Blair, testator’s sister, who died June 26, 1955.

Item 2 of the will,…