In re Estate of Smertz

EAKIN, Judge.

Ann Smertz (“Wife”) appeals from the order denying her petition for declaratory relief and refusing to proclaim her sole heir and beneficiary of the estate of Henry Smertz, a/k/a Kelly Smertz. We affirm.

Henry “Kelly” Smertz died testate December 28, 1992, leaving as survivors his wife, two siblings, and various cousins, nephews and nieces; his will provided, in part:

THIRD: I give, devise and bequeath to my wife, Ann Smertz, providing she survives me, that amount equal to the least possible sum required to satisfy under law governing my Will at my decease, any and all…