Witt v. Witt's

Prentis, P.,

delivered the opinion of the court.

S. W. Witt, as executor of John W. Witt, as well as in his own right, and Ñora L. Witt, called Sadie Witt, instituted their suit against the other legatees and devisees named in the will of John W. Witt, deceased, and against his heirs at law and distributees. S. W. Witt and Nora L. Witt alleged that they alone took the residuum of the estate, under item four of the will, *258and that the appellants were-excluded from all participation therein. They also asked for a construction of the will, and that the estate be administered in the cause.

The…