Beal's Estate. Beal Et Al. v. Hansen Et

WOLFE, Justice. On March 13, 1941, Thomas A. Beal executed his last will and testament, devising and bequeathing to his wife, Ida Peterson Beal, all his real and personal property except his professional library which he bequeathed to the School of Business of the University of Utah and to Snow College. He also appointed his wife executrix. In the fifth and last paragraph of his will he provided: 'In the event that my wife and I shall perish in a common catastrophe, or disaster, then, and in such event, I give, devise, and bequeath to the President of the University of Utah for the School of Business the sum of $500.00, and to the President of Snow College a like amount, for the purchase of books in Business and Economics, for the use and benefit of said schools in building up their libraries. And in such case of death, I give, devise, and bequeath all the rest, residue, and remainder of my property, both real and personal, of whatever kind the same may be, or wherever situated, or to which I may be entitled, to my nearest of kin and my wife's nearest of kin. That is to say, to our brothers and sisters, of the full blood, share and share alike, it being understood that the children of any said brother or sister now dead, or who may predecease us, shall stand in the place of such deceased brother or sister and take a one-tenth interest in the remainder therein devised and bequeathed. Further, in such case, I nominate and appoint Carvel Mattsson the Executor of my last Will and Testament, to serve without bond, and I hereby revoke any and all former wills by me made.' The testator died on January 3, 1948; his wife predeceased him, dying on January 6, 1945. The will was admitted to probate, but the court below held that the provisions of paragraph five were inoperative and decreed that the testator died intestate as to all his property with the exception of his professional library. The testator left no children or parents surviving him and hence the property was distributed, in accordance with the laws of succession of this state, to his brothers and sisters of the whole and half blood who survived him, and to the children of his deceased brothers and sisters. The appellants, who are heirs of the full blood of the testator and of his wife, prosecute this appeal contending that the lower court erred in not distributing the estate in accordance with paragraph five of the will. The respondents are heirs of the half blood of the testator who participated in the distribution of the estate as made by the court below.