Eckles v. Lounsberry

Plaintiffs and intervenors, collateral heirs of William E. Hawks, deceased, claim the principal bequest in his probated will is invalid. Following trial the district court held the will created a valid charitable trust. We affirm the decision.

After the usual provision for payment of debts and expenses the will, in paragraph 2, directs that if “any person should appear with legal proof that he or she is a brother or sister of William E. Hawks, said person be paid five dollars * * # »

Paragraph 3 of the will, the part in controversy, provides: “ ‘I hereby give, devise and bequeath all of the…