Whitehurst v. . Gotwalt

The case was heard on the evidence submitted and facts agreed, with the stipulation that the court might find further facts from the evidence in the case, if necessary to a final determination of the rights of the parties. A jury trial was expressly waived.

On the hearing the interests and rights of the respective parties were properly made to depend: first, upon the validity; and,, second, if valid, upon the rightful interpretation of the following clause in the will of D. E. Bradford:

“I do hereby and herein instruct and demand of my executrix, that if any attempt is made on the part of any…