Estates Of Donnelly

502 P.2d 1163 (1972)

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Nature of the Case

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Facts

John and Lily, husband and wife, had two children, a daughter, P, and a son, John J., Jr. The son had one child, Jean Louise Donnelly, born October 28, 1945. John Jr., died on July 9, 1946, less than a year after her birth. Her mother, Faith, married Richard Hansen on April 22, 1948. Jean Louise was adopted by her stepfather with the written consent of her natural mother. She lived with her mother and adoptive father as their child and kept the name Hansen until her marriage to Donald J. Iverson. She is a party to this action as Jean Louise Iverson. John, the grandfather, died September 15, 1970, leaving a will dated October 16, 1932, in which he left his entire estate to his wife, Lily, who had predeceased him. He, named but left nothing to his two children, and made no provision for disposition of his property in event his wife predeceased him. P brought this petition to determine heirship and for a declaration that Jean Louise Iverson, the granddaughter, take nothing. The trial court held that each was an heir. P appealed to the Court of Appeals, which affirmed, and P appealed again.