Estate of Begley

J. Ronald Hershberger and Thoits, Love, Hershberger & McLean for Claimant and Appellant.

Frank Shaw-Bacik and Rawles, Hinkle, Carter, Behnke & Oglesby for Claimants and Respondents.

No appearance for Petitioner and Respondent.

OPINION

KING, J.

In this case we hold that a devise to two siblings lapsed because they predeceased the testator and left no issue, and their shares passed to the other devisees in proportion to those devisees' other interests in the estate. Claudia Larsen appeals from an order determining entitlement to distribution of the estate of Ethel Ione Begley. We reverse.

Begley died in 1985. She had executed a holographic will in 1960. The will stated, "All of my real estate and personal property is to sold and be divided share and share alike between my two Sisters Lulu L Bolton, Lena S Ford, and one Brother John H. Dickey, all of Willits, California, and the Heirs of my late Sister Viola Davis." ( Sic. )

All of these intended beneficiaries predeceased Begley. Lulu and John died without issue. Lena had eleven children; nine of her children survived Begley, and four issue of one deceased child and two issue of the other deceased child survived Begley. Viola…