Fitzgerald v. Fitzgerald

Farr, P. J.,

forty-fourth judicial district, specially presiding,

This case comes be*171fore us upon petition for a declaratory judgment, asking us to construe the will of William P. Fitzgerald, deceased, and specifically paragraph 8 of such will. The testator died on April 16,1950. We filed our opinion on July 15, 1950’, to which exceptions were taken. We will now endeavor to dispose of the exceptions.

Paragraph 8 is as follows:

“I give and bequeath unto my brothers, Thomas E. Fitzgerald and John F. Fitzgerald all tires on hand in my garage business at the time of my death and the use of all other…