In re the Probate of the Last Will & Testament of Howland

Davis, S.

— Upon the return of the- -citation in this case, the contestant files an answer to the petition, under section 2624 of the Code of Civil Procedure, asks for a construction of the residuary -clause of the will,- and that it be- declared void. No question is raised as to the competency of the testator to make a will, and it is conceded -that all the legal formalities were duly observed in the execution of the will. The fifth, or residuary clause, alone is -challenged, which is as follows:

“Fifth. All the rest, residue and remainder of the property and estate, real and -personal, of…