In Re Tipp's Estate

This is an appeal from an order entered by the trial court upon the construction of a will.

Lillian Tipp died testate on April 12, 1951, survived by her husband Ben Tipp and three daughters Pearl, Helen and Mitzi. Ben Tipp was nominated as executor' in her last will and testament to administer the estate without court intervention. The will was admitted to probate on May 21, 1951. An order of solvency was thereafter entered.

The first bequest, to the National Bank of Commerce in trust for Mrs. Helen Whiting, sister of the testatrix, is contained in Article Third of the will. This bequest,…