Schau v. Cecil

— This is a declaratory-judgment action involving the interpretation of the will of Joseph Kelly. The facts are stipulated.

Joseph Kelly died testate June 8, 1922. His wife, Mary, and their children Cecil Kelly, Everett Kelly, Ada Cecil, Cora Watkins and Mabel Cook survived him. His will which he had executed on December 8,1921, was probated. Its interpretation and construction present the main issues in this case involving the interests of the parties in certain real property which Kelly owned.

The pertinent parts of the will are:

“Second. I direct my executor to sell and convert into money all…