In Re Estate of Thompson

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from an order of the district court holding the heirs of a deceased beneficiary succeeded to a one-half interest in the property of Gerald F. Thompson, deceased. The pertinent facts follow:

Gerald F. Thompson, testator, executed a will on December 30, 1965. The will provided, in part:

“Second: I give, devise and bequeath unto my beloved wife, Erma M. Thompson, one-half of my property real, personal and mixed. The remaining one-half, I give, devise and bequeath unto my three brothers, Herald L. Thompson, Lawrence W.…