Busalacchi

Appellant, Charles Busalacchi, appeals from a judgment determining that Pearl D. Benton, widow of decedent, is the sole heir and beneficiary under decedent’s will.

Questions Presented

1. Effect of nonissue of the stock mentioned in the will.

2. Did the conditions under which testamentary gifts to decedent’s daughter and appellant were to vest, occur?

3. Interpretation of the will.

Record

Jack Bernard Benton died testate on September 13, 1966. His widow, Pearl Benton, duly became executrix of his will. Benton left surviving him his widow and an adult daughter, Betty Jo Pratt. During the administration of the estate, appellant Busalacchi, claiming an interest in the property of the estate, filed a petition to determine interest in estate. The widow, Pearl Benton, filed a statement of interest in which she denied that appellant was entitled to any interest in the estate, claiming for herself all of the property of the estate. Betty Jo, the daughter, also filed a statement of interest in *575 which she denied any interest in the estate in appellant and supported her mother’s contention that she alone was entitled to the property of the estate. After a trial the court…