Estate of Smith v. Marchant

Jon Firehammer appeals from an order denying his motion for reconsideration of the court's construction of his grandfather's will. The will divides the residual estate into seven shares. It also contains a clause directing that if any beneficiary dies within five months of the testator the beneficiary should be treated as if predeceased. One of the beneficiaries, Firehammer's mother, a daughter of the *675testator, died six days after the testator. The court ordered that the daughter's share be divided among the six surviving beneficiaries. Firehammer argues that the share should have passed to…