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ESTATE OF KERLEE

No. 12145.

557 P.2d 599 (1976)

98 Idaho 5

In the Matter of the ESTATE of Ira D. Kerlee, Deceased. Paul G. EIMERS, Personal Representative of the Estate of Ira D. Kerlee, Deceased, Plaintiff-Respondent, v. NORTH IDAHO CHILDREN'S HOME, aka Children's Home Finding Aid Society of Lewiston, Idaho, Defendant-Respondent, and George W. Fogg, Individually, and as Special Administrator of the Estate of Margaret Fogg, Defendant-Appellant.

Supreme Court of Idaho.

December 23, 1976.

Attorney(s) appearing for the Case

Dale L. Luplow, Grangeville, for defendant-appellant.

Paul G. Eimers, Grangeville, John H. Bengtson of Randall, Bengtson & Cox, Lewiston, for plaintiff-respondent.

DONALDSON, Justice.

The facts of the present case are undisputed. The testator Ira D. Kerlee died on September 11, 1974 at 6:50 p.m. Margaret Fogg, testator's sister and the primary beneficiary under the will, died on September 14, 1974 at 8:55 p.m., approximately 74 hours after the death of her brother. The testator named the Children's Home Finding and Aid Society as the conditional beneficiary of his estate. If Margaret Fogg did not survive the testator, the estate...

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