Matter of Estate of Micheel

HARRIS, Justice.

This probate proceeding calls for application of the antilapse statute which was amended after execution of a will, but before the testator’s death. Even though, at the time of the amendment, the testator was incapacitated, and under guardianship and conservatorship, the trial court applied the amended antilapse statute. We affirm.

Hugo Micheel executed his will on August 27, 1957. At that time he was living with Evelyn Hoick, whom he appointed as executor of his estate. Although they never married, Hugo and Evelyn lived together from 1944 until 1992 when Hugo entered a nursing…