In re the Probate of the Last Will & Testament of Martindale

Ketcham, S.

The will propounded contains a gift and devise of the entire estate to the testator’s wife. It then proceeds as follows:

*2“ Third. It is my will and I hereby direct that the capital stock of the Martindale Agency, mentioned in a certain agreement entered into between George B. Martindale and myself and bearing date the 7th day of January, 1909, of which I may die possessed, shall pass under this will subject to all the terms and provisions of the said agreement.”

The question is presented by proper answer whether or not, in the probate and record of the will, shall be included, as a…