In re Estate of Sowder

The opinion of the court was delivered by 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.