Widmer

Viola Voorman Willett died on June 19, 1964, leaving a will executed on January 13, 1956, which provided that upon her death the residue of her estate was to be placed in trust and divided into three equal parts. Each part was to be designated by the name of one of her three children, daughters Ola, Barbara, and Audrey, each of whom was to receive the income from the part bearing her name for so long as she should live.

The termination of the trust as to each of such parts and the disposition thereof were provided for as follows:

Barbara was alive at the time of the execution of the will but predeceased the testatrix without leaving issue. 1 The disposition of the “Barbara part” is therefore controlled by paragraph 5(2), rather than by paragraph 5(1).

The court below, without the aid of any extrinsic evidence, except such undisputed background facts as are stated herein, decreed that the Barbara part should be distributed per stirpes to Ola’s three children and Audrey’s one child, thus giving one-sixth thereof to each of Ola’s children and the other one-half thereof to Audrey’s child.

Ola’s children have appealed, contending that the division *356 should be on a per capita…