Wiglesworth v. Smith

Judge Thomas

Affirming.

Prior to his death in January, 1948, Harve Baird executed his will directing in its first clause the payment of his debts. Clauses 2 and 3 direct that:

“2. All the rest and residue of my estate of whatever the same may consist whether real or personal or mixed property I will devise and bequeath to my wife, Mary Catherine Baird, her life time with the right to use any or all of the same if in her opinion it may be necessary for her support and maintenance.

“3. If at the- death of my wife she has not used and expended all of my estate, I will and devise and bequeath any…