Fenton v. Gardner

ELLETT, Chief Justice:

Annie B. Gardner executed an olographic will in due and proper form on March 11, 1972. In the will she provided that:

In the event my husband precedes me in death, I leave all I possess to our daughters, Tess Sorensen and Gloria Fen-ton to be evenly divided between them and their children shall take over their mother’s share if either Tess or Gloria have passed on. I direct that our son-in-law, Pat Fenton shall be executor of my estate and serve without bond .

Annie’s husband survived her and since the bequest and/or devise to the two daughters was conditioned upon the…