Cox v. . Heath

The question for our decision: Who are entitled to the real estate under the will of the testator, E. H. Heath, who used the words “my nearest heirs?” The testator died 14 November, 1921, and this will was probated 16 November, 1921. The will was made 20 January, 1911, and at the time the testator had a wife, who survived him and died 6 May, 1929. The provision in the will to be considered : “I devise all my real estate whatsoever the same may be, to my wife, Lydia E. Heath, until her death, then I give-' it to my nearest heirs." He had a brother and two sisters living when the will was made…