Diebold and Legrand v. Diebold

I

TATLOW, P. J.

The said executors of Frank L. Diebold brought this suit in the Scott County Circuit Court to have the will of the said Frank L. Diebold construed. The case was appealed to the Supreme Court, and by that court certified to this court.

There is no dispute as to the facts. The case was tried upon admissions made by both plaintiffs and defendants in open court, as shown by the bill of .exceptions.

Only three of the children, who were three of the devisees or legatees, appealed from the decree: Joseph C. Diebold, Anton Diebold and Christina Ressel, who are entitled to three-tenths of…