In Re Last Will & Testament of Faber

•Snell, J.

This appeal involves the construction of a will. The case arose in probate but was tried as a proceeding in equity pursuant to section 33, Iowa Probate Code, chapter 326, Laws of the Sixtieth General Assembly. Our review is de novo. Although not bound thereby we give weight to the findings of the trial court. Rule 344(f) 7, Rules of Civil Procedure.

The question is whether the residuary bequest of testator constituted a gift accompanied by mere precatory words or an enforceable trust and as such in excess of limits provided by our mortmain statute, section 266, Iowa Probate Code.

As…