In Re Estate Of Ulrikson

290 N.W. 2d 757 (1980)

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Nature of the Case

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Facts

Testatrix's brother and sister, the residual beneficiaries under her will, predeceased Testatrix. The brother had two surviving children (D). Testatrix had two other siblings, both of whom were deceased at the time the will was executed. These two siblings had seven children between them (P). Both lower courts applied an anti-lapse statute and found that the residue of the estate should pass to D, as the surviving children of the residual beneficiary. P appealed, arguing that the language of the residual bequest reflected Testatrix's intention to establish an absolute condition of survivorship to receive the residue and that the specific bequests to each of the nieces and nephews reflected her wish that all of her heirs be treated equally.