In re Estate of Blacksill
In In re Estate of Blacksill, 124 Ariz. 130, 132, 602 P.2d 511, 513 (App. 1979), the testator drafted a will that divided his estate into four equal parts, "one of such equal parts" to his secretary, "one of such equal parts" to the children of his deceased sister, and "one of such equal parts" to the children of each of his deceased brothers. 124 Ariz. at 132, 602 P.2d at 513.
All of the testator's siblings died before the creation of the will. Id.
His sister left two surviving children and one brother left one surviving child. Id. The other brother never had children. Id.
The Court found the disposition to the children of the childless brother latently ambiguous and was unable to determine what the testator meant by the provision at issue. Id. at 132-33, 602 P.2d at 513-14.
Accordingly, the court determined that the bequest to the childless brother failed and that share of the estate passed by intestate succession. Id. at 133, 602 P.2d at 514.