In Re the Estate of Schwake

OPINION

TOUSSAINT, Chief Judge.

This appeal is from the district court’s determination that the Minnesota antilapse statue does not apply to the will of Elaine Schwake. We reverse and remand.

FACTS

Elaine E. Schwake, the testator, executed her last will and testament on September 20, 1991. Article III of the will provides:

I give and devise the remainder of my estate unto all of my first cousins, except Helen Lieb, share and share alike. I expressly make no provision in the will for Helen Lieb and direct that she shall take nothing from my estate.

At least one of the testator’s first cousins, died…