Schott v. Oppenheimer

POPE, Justice.

This is a suit to construe a will. Dr. Morris Schott died in December of 1955 without issue. In March of 1953 he wrote his holographic will wherein he left specific bequests to five persons and institutions, which bequests are not in dispute. The point in the case is whether the testator disposed of his residuary estate and to whom. The plaintiffs, appellants here, are the children of Dr. Schott’s half-brother. They claim that Dr. Schott died intestate as to his residuary estate and alternatively that they are “heirs” as that term was used in the will. The trial court, upon an…