Fitzgerald v. Rogers

GARDNER, J;

No dissent was interposed by the widow or any one in her behalf (sections 10593-10596, Code, • 1923) to the will of R. H. Fitzgerald, who died in Blay, 1928. Exemptions allowed have been set aside without contest. Crownover v. Crownover, 216 Ala. 286, 113 So. 42. There were no children, and the widow seeks her distributive share of the estate, consisting of a few thousand dollars now in the hands of the executor. Her right thereto depends upon a proper construction of the will of her husband, which reads as follows:

“I, R. H. Fitzgerald, on this the 24th day of July 1917, do hereby…