Miller v. Walker Bank & Trust Company

McDonough, justice:

Defendants, the executor of the will of Miles E. Miller, and his daughter, Viola Miller Carlsen, appeal from a judgment of the District Court that the plaintiffs, sons of the testator, each own a one-fourth interest in property devised by the will.

Miles E. Miller died in Salt Lake City in 1956 leaving a will with a devolution clause which read as follows:

Second, I give, devise and bequeath to my beloved wife, Nettie Knudsen Miller, all of my property, whether the same be real or personal or mixed, and I do this acknowledging all my children hereinafter named, and for the…