Pate v. Edwards

EMBRY, Justice.

David T. Pate, Jr., and Laura P. Davis, defendants below, appeal from a decree ordering the sale of real estate for division of proceeds based upon the construction of a provision of the will of R. W Pate, deceased.

On 13 December 1950 R. W. Pate died testate, survived by his wife Maude Pate *545and nine children. Resolution of this case depends upon the proper construction of the following provision of R. W. Pate’s will:

“After Item No. One of this will is complied with it is my will and I hereby bequeath and devise to my beloved wife Maude Pate all my property both real and…