Mercy Hospital of Williston v. Stillwell

GIERKE, Justice.

This is an appeal by Bethel Lutheran Home for the Aged, Inc., [Bethel], a residuary devisee under the will of Erling B. Manger, from a memorandum and order of the County Court of Williams County construing the will. The county court concluded that the residuary devise made to Good Samaritan Hospital Association [Good Sa*507maritan], an entity no longer in existence, had lapsed. It ordered distribution among the three remaining devisees (First Lutheran Church, Mercy Hospital, and Bethel) in proportion to their interests in the residue, pursuant to § 30.1-09-06(2) of the North…