Snow

In this heirship proceeding, two of the heirs at law of decedent, Mrs. Barnes, appeal from an order determining that under the provisions of her will Robert Erie Henderson, a nephew named in the will, is entitled to distribution of the entire estate. As will appear, we have concluded that the trial court erred in its conclusion that the will effectively disposed of testatrix’ property. The order appealed from must therefore be reversed.

Mrs. Barnes died in September 1962 leaving a will, dated June 21, 1949, which was admitted to probate in January 1963. The will was prepared by an attorney, and declares that the testatrix was married, had no children, and intended by the will “to dispose of all my property.” 1 The will next provides that all of the testatrix ’ property is to go to her husband, 2 and that in the event of the simultaneous death of testatrix and her husband the entire estate shall go to Robert Erie Henderson, 3 petitioner in this heirship proceeding. A no contest clause 4 and a disinheritance clause 5 follow. Tes *582 tatrix’ husband is named as executor, with petitioner as alternate. The will contains no residuary clause, and no dis-positive clauses except those…