In Re Estate of Sowder

The opinion of the court was delivered by

Schroeder, J.:

This appeal involves the construction of a will of a resident decedent, in which the order of final settlement of the estate in the probate court was appealed to the district court.

The principal question presented is whether a residuary gift to one of the decedent’s children, who predeceased the testator without issue, passed to the surviving residuary beneficiaries, since the will contained no language whatever regarding this contingency, or whether such gift passed in accordance with the laws of intestate succession.

The facts in this…