Wills, Trusts & Estates keyed to Dobris
Estate of Rehwinkel
In 1968 Leo Rehwinkel executed his last will and testament. It provided that the residue of his estate would be given “to those of the following who are living at the time of my death, share and share alike: . . ..” Rehwinkel died in 1991 and his niece, Helen Anderson, one of the named beneficiaries in the residuary clause had died one month earlier. Ronald Fossum, Anderson’s son, filed a petition for an order declaring him an heir of Rehwinkel arguing that the anti-lapse statute applied and he was therefore entitled to take the share his mother would have received. The trial court dismissed Petitioner’s petition and he now appeals.
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