Christen v. Schuert

Appellants, as the brothers and sisters and heirs at law of decedent, Charles Christen, appeal from the judgment granting the petition of the administrator with the will annexed for distribution of decedent's estate, after the payment of legacies, to Father Flanagan’s Boys’ Home, a Nebraska corporation (hereinafter sometimes referred to as “Boys’ Home”), and denying their objections thereto and their petition for distribution to themselves as decedent’s heirs at law.

Questions Presented

1. Does the residuary clause of decedent’s will validly bequeath the residue of his estate to “Father Flamiagans Boys home. . .

2. Are the proceeds of a bank account which decedent held in joint tenancy at the time of the execution of his will subject to the provisions of his will where he was predeceased by the joint tenant ?

3. Is the claimant corporation, Father Flanagan’s Boys’ Home, the residuary legatee referred to in decedent’s will as “Father Flamiagans Boys home. . .

Statement of the Case

Charles Christen died testate June 3,1957. His holographic will, which was dated July 7, 1948, provided as follows: “After all bills are paid I will to Alex Christen, Leo Chris ten, Mary Schuert and…