In Re Estate of Walton

The opinion of the court was delivered by

Parker, C. J.:

This appeal requires construction of two wills, a determinatidn of the devisees and legatees under the terms of such instruments, and a review of rulings made by the district court.

The facts necessary to a proper understanding of the appeal and a determination of the issues therein involved are not in dispute and will be related as briefly as the state of the record permits.

On October 25, 1950, Sydney E. Walton and Helen M. Walton, husband and wife, executed identical wills, wherein each left all property, both real and personal, to the…