ESTATE OF ELMER

No. 16383-1-III.

959 P.2d 701 (1998)

In re the ESTATE OF Richard D. ELMER, Kenneth ELMER, Allen Elmer, Phillip Elmer and Chester Elmer, Appellants, v. Patricia Rose HARTT, Respondent.

Court of Appeals of Washington, Division 3, Panel Seven.

July 30, 1998.


Attorney(s) appearing for the Case

Robert B. Crary, Crary & Clark, Spokane, for Appellants.

Marcy C. Knox, Spokane, for Respondent.


KURTZ, Judge.

Richard D. Elmer bequeathed the family business in equal shares to his children using the following language: "to all my children who survive me, and, by representation for their deceased parent, to all the children of any child of mine who dies before I do." At the time he made his will, Mr. Elmer's descendants were his three surviving sons and a granddaughter, the daughter of the son who predeceased him. When he died, a dispute arose between the three...

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