Fugazzi v. Fugazzi's Committee

Opinion' of the Court by

Judge"Perry

Affirming.

This appeal brings before us for review the construction of the will of Constantine Fugazzi, deceased, in an action brought therefor in the Fayette Circuit Court under the Declaratory Judgment Act, Civil Code of Practice, section 639a-l et seq.

The deceased, Constantine Fugazzi, died testate in January 1924, leaving the' following will, which was probated in the Fayette county court on January 19, 1924:

“I, C. Fugazzi, being of sound mind and memory, but realizing the uncertainty of this life and the certainty of death, do hereby make and declare…