Cundiff v. Schmitt

MORRIS, Commissioner.

In a suit to settle the estate of Rachel Fiorella Cundiff, and for a declaration of property rights, the chancellor was called upon to construe the will of testatrix, executed in October of 1939. Testatrix was survived by her husband, appellant here; a sister, three brothers and a nephew. The latter were plaintiffs below; appellant and the guardian of the infant nephew were defendants. The will reads:

“Item 1. I will and devise to my sister, Veronica Fiorella, .absolutely and in fee simple, all of the right, title and interest in and t.o two lots of land and the…