Auxier's v. Theobald

OPINION op ti-ib Court by

Judge Thomas

Reversing in part and affirming in part.

J. C. B. Auxier, a citizen and resident of Floyd county, Ky., died testate on July 12, 1933. His will was later probated in the Floyd county colirt, and his widow, whom the will nominated as its executrix, duly qualified. One child and devisee in the will (Anna Lee Auxier) died intestate and without descendants two days before her father’s death. This is a declaratory judgment proceeding, filed by the executrix and some of the devisees against the others in the Floyd circuit court, to construe the will of the…