In re Estate of McGlone

DOWNEY, Judge.

Lila McGlone left a Last Will and Testament dated March 20,1970, which contained a bequest “to Glenn E. Ellstrom and Louise Ellstrom, his wife, or the survivor of them.” By identical language the Ellstroms were made beneficiaries of twenty-five percent of the residuary estate.

In June, 1981, Glenn and Louise Ellstrom were divorced, and in January, 1982, the testatrix died. During the course of the administration of her estate, Southeast Bank, as personal representative, filed a petition to determine heirs and beneficiaries. The trial court ruled that the bequest to Glenn and…