Powell, Jr. v. Layton

OPINION

By MILLER, J.

This is an appeal on questions of law from the Probate Court of Franklin County, Ohio.

The action was one brought to construe the will of Harry T. Powell, who died in 1919 and whose estate was duly administered. The principal clauses in question are as follows:

“ITEM II. I give and devise all of my property, real, personal and mixed wheresoever located to Adelia Powell, her heirs and assigns forever.”

This item was immediately followed by the third item which, after naming his wife as executor, provided- as follows:

“ITEM III. It is my wish that if at the death of my wife, our…