Estate Of Annie I. Kern

274 N.W.2d 325 (Iowa 1979)

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Nature of the Case

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Facts

Annie Kern made a will giving all her property to her son Ralph who died unmarried. Annie died subsequently to Ralph's death, and her will was admitted to probate. Annie and her predeceased husband had only one heir. The collateral heirs of Annie's deceased husband claimed the property. An antilapse statute provided that half of the estate would go to the heirs of Ralph's father and the other half would go to the heirs of Ralph's mother. Annie's heirs contend that the property is to be divided between them under the doctrine of worthier title. Under that doctrine, a devise in the same quantity and quality as the devisee would take by descent is void. If the devisee survives the testator, he takes as heir. If he does not survive, the property goes as though the devise had never been made. As a result, the doctrine of worthier title sometimes nullifies the application of an antilapse statute. The court ruled of Annie's heirs, and the father's heirs appealed.