The Second Appellate District affirmed a judgment. The court held that a will’s failure to provide for the disposition of the decedent’s property in the event of his spouse’s prior death left the decedent intestate.

Irving Duke prepared a holographic will. The will provided that all his property was to pass on his death to his wife, Beatrice. The will further provided that if he and Beatrice died “at the same moment,” all of his property was to be given to two named charities.