Threm v. Winans

ALLEN, Judge.

This appeal involves the construction given by the court below to a clause in the last will of Orford Winans, deceased. The clause at issue, Article II, is set out as follows:

“I give, devise and bequeath all real estate which I may own at the time of my death, and whatever interest in real estate I may own at the time of my death, which real estate is located in Port Clinton, Ohio, to my nephews, Richard Winans and Max Winans, share and share alike, in fee simple and absolutely.”

The remaining dispositive provisions left $10,000 to the widow and appellant executrix, Martha A.…