Will of Johnson

The most important controversy involves the construction of the fourteenth paragraph of the will, reading : “I leave the rest and residue of my estate to my exec*157utors to be divided equally among the heirs herein named in this will.” The county court construed the term “heirs’1’ to mean “legatees,” and distributed the residue of the estate equally between the legatees named in the v/ill who were living at the time of the death of the testatrix. This construction is challenged by the legal heirs of testatrix named in the will, who claim they are entitled to the residue of the estate.

The term…