Osborne's Petition

Smith, P. J.,

The present petition for a declaratory judgment is presented by Laverne R. Osborne, a beneficiary named in the last will and codicils of his mother, Harriet L. Osborne, deceased.

Said will and two codicils, after the introductory paragraphs which declare it a testamentary disposition of her entire estate, real, personal, and mixed, provide as follows:

“Item. I give, devise and bequeath to my son, Laverne R. Osborne, all my estate, real, personal and mixed, whatsoever and wheresoever, to have and to hold the same during his lifetime; provided also, and my further will is, that upon…