Salmons v. Salmons

This is an opinion on rehearing. The original opinion is reported ante, p. 66, 5 N. W. (2d) 123. The statement of facts is contained therein and since there is no factual controversy a new statement is not required here.

The motion for rehearing suggests proper rules of law *75were not applied in the interpretation of the two wills and particularly in the ascertainment of the intent of the testator with regard to the will which is the basis of the second cause of action.

To this subject of intent we will first direct our attention. The intent of the testator up to a certain point is plain and…