Estate of Kessing

Lou E. Kessing died testate. In her will she made special bequests to her sister, to three named cousins, to three brothers of her deceased husband, to her “nephew” Ivan Kessing, who was in fact a nephew of her deceased husband, to six personal friends and “to the Fenner Boys and Metzel Boys of Virginia City Montana, and the Hopes of Indianala, Iowa, whatever of my estate is left is to be divided among these my cousins and other relations mentioned above”. This clause was followed immediately by a' paragraph reading: “Sixthly. The rest, remainder and residue of my estate whether real, personal or mixed, I give, devise and bequeath to my sister and my cousins and my nephew Ivan Kessing of Berkeley, California, share and share alike.”

The sole question involved on this appeal is whether the three brothers of the husband of the testatrix are entitled to participate in the residue of the estate. These three, who are the appellants herein, argue that they are included under the “other relations” mentioned in the fifth clause of the will and that, as this clause disposed of the entire residue, there was no property left to be covered by the sixth clause. The probate court interpreted…