Fawcett v. Pleasant Hill Methodist Church

SACKETT, Judge.

Decedent Thomas Fawcett and his wife Fonda executed identical wills in 1969. Fonda predeceased Thomas. Petitioner Arthur Warren Fawcett and Sarah E. Dye are Thomas’ only heirs at law. The district court determined that Defendant Pleasant Hill Methodist Church and Zion Cemetery Association1 were the sole beneficiaries under decedent’s will. Petitioners have appealed from this determination.

The controversy centers on paragraphs II and III of decedent’s will, which provide:

Paragraph II. It is my will and I hereby will, devise and bequeath to my beloved wife, Fonda G. Fawcett, all…