McClary v. McClary

HUXMAN, Circuit Judge.

Wm. McClary died testate January 8, 1942. The provision of his will in controversy here reads as follows: “I give, devise and bequeath all my estate, real, personal or mixed property, and of every kind, description, and nature, and wheresoever situated, of which I may die seized or entitled, to my brother-in-law, W. M. Holloway, of El Paso, Texas, in trust, for the use and benefit of my brother, M. A. McClary, of Chattanooga, Oklahoma, my said brother-in-law, W. M. Holloway, of El Paso, Texas, and each of my nieces and nephews who are then living, at the time of my…