Schuyler v. Zwiep

Plaintiff filed a petition to construe the will of Christian W. Rolff, deceased. Defendant appeals from the order of the circuit court holding that the will made no provision for the disposition of the residue of decedent’s estate if he survived his sister and for that reason resulted in an intestacy.

In 1963, Christian W. Rolff and his sister, Gateau Rolff, executed a joint will. Under Section Two, each testator left his or her estate to “the survivor, his or her heirs and assigns or legal representatives.” Section Three provides for distribution of the estate “in the event that our deaths…