Deeds v. Deeds

OPINION

By LOVE, J:

Edith W. Deeds died testate on February 9, 1949. Her last will and testament executed March 1, 1945 and a codicil executed December 6, 1948 were duly admitted to probate on February 19, 1949.

Item Fourth of the will provides:

*130“ALL THE REST, RESIDUE AND REMAINDER of my property, real and personal,, of every kind whatsoever and wheresoever situated, I give, devise and bequeath to my husband, Edward A. Deeds, or in case he shall not survive me, to my son, Charles Walton Deeds.”

Item First of the subsequently-executed codicil provides:

“I give and devise to DENISON UNIVERSITY, an…