Nielsen v. Nielsen

On the first hearing pursuant to Henry Nielsen’s petition for the construction of the residuary clause in the will of Cristen Nielsen, no one appeared to oppose Henry Nielsen’s and his son Vernon’s position that, under the provisions in that clause, the residuary estate should be divided between them; and relying on the fact that no one appeared for that purpose, Henry and Vernon Nielsen failed to introduce any evidence as to material surrounding facts and extrinsic circumstances which existed at the time of the execution of the will, and were pertinent in the construction thereof. In the…