In Re Estate of Staples

Thomas Gallagher, Justice.

By a petition filed in the probate court of Hennepin county, appellants, two of the daughters of Kate Staples, who died there on October 3, 1940, sought a construction of the last will and testament of said Kate Staples holding that certain payments, each in the sum of $4,000 made by decedent during her lifetime to her three sons, were not forgiven by the terms of her will, but, on the contrary, were intended to be charged against said sons as advancements.

By order dated November 8, 1941, the probate court held that the terms of the will clearly indicated that…