In Re the Estate of Johnson

This appeal calls upon us to review the construction placed on the provisions of a will by the superior court sitting in probate.

Julius C. Johnson died testate July 30, 1949. His nonintervention will, wherein his son Raymond L. Johnson was named executor, was admitted to probate September 13, 1949. This will contains the following provisions material to this controversy:

“Fifth: I devise unto my son, Raymond L. Johnson, in fee simple, to his heirs, administrators, executors, and assigns forever, the following described real estate, towit: [here follows legal description of certain lands] . . .

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