MILLER v. WALKER BANK & TRUST COMPANY

No. 10272.

17 Utah 2d 88 (1965)

404 P.2d 675

MILES LORRAINE MILLER AND IRVINE B. MILLER, PLAINTIFFS AND RESPONDENTS, v. WALKER BANK & TRUST COMPANY, EXECUTOR OF THE LAST WILL AND TESTAMENT OF NETTIE KNUDSEN MILLER, DECEASED, AND VIOLA MILLER CARLSEN, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

August 4, 1965.


Attorney(s) appearing for the Case

James W. Beless, Jr., Salt Lake City, for appellants.

Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for respondents.


McDONOUGH, Justice:

Defendants, the executor of the will of Miles E. Miller, and his daughter, Viola Miller Carlsen, appeal from a judgment of the District Court that the plaintiffs, sons of the testator, each own a one-fourth interest in property devised by the will.

Miles E. Miller died in Salt Lake City in 1956 leaving a will with a devolution clause which read as follows:

Second, I give, devise and bequeath to my beloved wife, Nettie Knudsen Miller...

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