Johnson v. Johnson

This cause is before the court for construction of Item 2 of the will of Celesta Yay Johnson, deceased, which reads as follows:

“Item 2. I give, bequeath and devise all my property, both real and personal, of every kind and description, wheresoever situate to my children, their heirs and my foster child as follows: Richard Johnson, lone James, Alma Hoover, Robert Johnson, Archie Lowell Johnson, the children of my deceased daughter, Bonnie Lee Rhoades and John Peterson, share and share alike.”

The issue is whether the children of the deceased daughter take per stirpes or per capita.

The devise is…