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IN RE ESTATE OF NIEHENKE

No. 57348-4.

117 Wn.2d 631 (1991)

818 P.2d 1324

In the Matter of the Estate of RAYMOND J. NIEHENKE. CATHERINE A. MIDTHUN, ET AL, Respondents, v. ELMER GUSKE, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

October 31, 1991.

Attorney(s) appearing for the Case

Irwin, Myklebust, Savage & Brown, P.S., by Kelly N. Brown, for petitioners Guske.

Nuxoll, Libey, Ensley & Esser, by Wesley A. Nuxoll, for petitioner estate.

Lukins & Annis, P.S., by Martin G. Weber, for respondents.

ANDERSEN, J.

FACTS OF CASE

This case involves construction of a will and application of Washington's anti-lapse statute to a testamentary option to purchase estate property.

Raymond J. Niehenke (hereafter testator) died on February 12, 1987 leaving a last will and testament which provided in pertinent part:

Option to Purchase Property I give, devise and bequeath unto the following relatives the option to...

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