Wintermute v. Heinly

I. The petition alleges that plaintiff is an heir, devisee and legatee of Joseph Heinly, her deceased father. She sets out a copy of the will, which, she alleges, is uncertain and ambiguous in its provisions, and doubtful as to its interpretation. The will is shown to contain divers devises and bequests to the testator’s heirs, but provides that the executor, who is made a defendant, shall hold the share of one of the heirs in trust, and that the entire income of the estate be paid to testator’s wife; and that the devises and bequests take effect at the expiration of ten years after the…