Estate of Weiss v. First National Bank of Monroe

Marie Weiss died on February 8, 1935, leaving a last will and testament which was thereafter admitted to probate. The will is dated January 3, 1925, and excepting for formal parts, consists of three short paragraphs. Paragraph 1 revoked previous wills. Paragraph 3 nominated an executor. Paragraph 2, which the county court construed, is as follows:

“2. I give, devise and bequeath all of my estate, real, personal or mixed, to my children, in equal shares, share and share alike, provided, however, that the indebtedness of any *194child to me, evidenced by note or notes, shall be deducted from his or…