Society of the Divine Word v. Martin

— The will of William Schmitz gave the Society of the Divine Word, of Teehny, Illinois, a $5000 legacy to pay for a student from testator’s family or from the parish of Westphalia, Iowa, where he lived, and made the $5000 a charge against the residuary legacies of testator’s five sons and one of his daughters. See In re Estate of Schmitz, 231 Iowa 1178, 3 N. W. 2d 512. The will was probated in 1920 and two of testator’s sons, John and Tony, were appointed executors without bond. They served as such until 1941 when they tendered their resignations in the face of applications for their removal.

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