Donelson's Ex'r v. Coates

Opinion oe the Court by

Judge Rees

Reversing.

This appeal involves the construction of the will of Zelia Donelson who died January 21, 1941, a resident of Madison county. Zelia Donelson was the maternal aunt of appellant, Harry D. Rice, and appellee, Zelia R. Coates. On August 24, 1927, she executed her will, the pertinent parts of which read:

“Third: The residue of my estate of every kind and character, I give bequeath and devise to Harry D. Rice and Zelia R. Coates, equally.

“Fourth: It is my desire and I hereby direct that the part that I herein give, bequeath and devise to Harry D. Rice be…