Wickizer v. Whitney

Under appropriate pleadings originated by the filing by the appellant of a complaint for partition of real estate which the decedent owned at her death, a construction of the will of Rachel C. Probert, deceased, was sought in the circuit court of Kane county.

The testatrix, a resident of Kane county, died testate on June 30, 1934, leaving surviving no husband, parents, descendants, brothers or sisters, but leaving certain next of kin as her only heirs-at-law. Her will was duly admitted to probate. The first paragraph of her will is as follows: “Be it known that I, Rachel C. Probert, of the…