Gianoli v. Gabaccia

412 P.2d 439 (1966)

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Nature of the Case

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Facts

Data made a will that devised $5,000 to each of his brothers and sisters and left the residue of his estate to his nephews and nieces share and share alike. At the time the will was executed one brother and sister were dead and subsequently but prior to Data's death two other brothers and another sister died. Only one sister survived Data. The personal representative proposed $5,000 to the one sister and $5,000 to the issue of each of the two brothers and one sister who predeceased but were alive when the will was executed; under the provisions of an anti-lapse statute NRS 133.200. The lower court found the will ambiguous and did not apply the anti-lapse statute.