Army

Elsie Wells Germond died testate on June 9, 1962. Her will left all her property to her sister, Jessie E. Nulsen, and provided that “In the event of the demise of my sister . . . prior to distribution to her of my estate . . . , my Executor [Earl A. Everett] . . . shall convert my estate and the whole thereof into cash, and from the proceeds thereof, pay to and distribute the same [to 10 named charities in specified fractional shares.]” Mrs. Nulsen did not survive distribution. She died 22Vá months after the death of Mrs. Germond. Mrs. Nulsen’s will named Mr. Everett as her executor and principal beneficiary.

The Salvation Army, one of the charities named as alternative beneficiaries in Mrs. Germond’s will, instituted a proceeding to determine the interests in the Germond estate. Its petition and statements filed in the probate court by eight of the other charities named as alternative beneficiaries of the Germond will claimed that because Mrs. Nulsen did not survive distribution the charities are entitled to their fractional shares designated in the will.

Before the proceeding to determine interests was heard Mr. Everett died. His heirs and the newly appointed…