In Re Johnson's Estate

This appeal is from the judgment of the district court of Salt Lake county, Utah, distributing the estate of deceased under his will which was duly proved and admitted to probate.

The controversy arises over the construction of the will with relation to the description or identity of the property intended as the subject of a particular devise. The facts are not disputed.

The deceased had two wives, by one of whom he had six children and by the other four. After the death of both of his wives, the deceased made a will bequeathing and devising all of his property to his children. The provisions…