Gill, Exrx. v. Leach, Admx.

The cause out of which the present controversy grows was tried in the Probate Court of Medina county on pleadings which called for the construction of the will of Frank Spellman,' deceased. The wife, who survived the testator, was appointed executrix, and she continued in such capacity until her death.

At the time of the testator’s death (in 1932) he was possessed of both real and personal property, which passed into the possession of the executrix for administration under the will. Upon the death of the executrix in 1945, she had a substantial part of the property ’ which came to her in the…