Edds v. Mitchell, Admr.

Mr. Judge Smedley,

of the Commission of Appeals, delivered the opinion for the Court.1

The decision of the principal question in this case depends upon the construction of the will of O. D. Rhode, who died in the year 1915. The community estate of Rhode and his wife, Julia E. Rhode, consisted of a homestead and certain other real property and two promissory notes. His will made disposition of his undivided one-half interest in the community property, the relevant parts of the will being as follows:

“Item 3. I will, devise and bequeath to my wife, Julia E." Rhode, all the property, real, personal…