In re Estate of Lester

The opinion of the court was delivered by This action originated as a probate proceedings to construe decedent's last will and testament. The probate court held a class gift was created by the fourth paragraph of decedent's will and that Delbert Shields' the surviving beneficiary, took all right, title, and interest in the real estate described in paragraph four. An appeal was taken therefrom to the district court by the appellees here, and that court determined that the fourth paragraph of decedent's will did not create a class gift in favor of the beneficiaries named therein with the result that only one third of the net proceeds from the sale of the specified property passed to Delbert. This appeal by Delbert is from the trial court's findings, orders, rulings, judgments, and decisions, as well as its order overruling Delbert's motion for new trial.