Zimmerman v. Oriental Missionary Society

VALLÉE, J.

Appeal from part of a judgment determining heirship. The question is the proper construction of a will.

The holographic will of the decedent, Kathryn Whitney, reads:

“Last Will and Testament

“I, Kathryn Z. Whitney at the age of seventy-five and being of sound mind and memory, and not acting under the influence of any person whatever, declare this my last Will and Testament.

“I direct that my executor here after named, pay my funeral expenses. That he see that money from estate be tythed to the amount of twenty-five per cent and given to the Nazerine Church—head quarters at Kansas City…