Nash v. Gardner

Taylor, Justice.

This appeal involves construction of the will of the late William H. Gardner and comes from the following agreed statement of facts:

William H. Gardner died in 1926 leaving a will dated April 8, 1919, and leaving surviving him his widow (who died intestate in 1942) and nine children, of whom respondent is one. The, testator had a tenth child, Samuel, who died in 1922, leaving no wife or children surviving.

The case involves the ownership of a tract of three hundred acres, more or less, and known as the Home Place, which in the will of the above named testator was given to the…