Hite, in Re

OPINION

NYE, Chief Justice.

This is a will construction case, brought after the will had been probated. Appellant, James Hite, brought this declaratory judgment action requesting that the trial court construe a portion of his wife’s will in his favor and declare his oil and gas interests under the will. From an unfavorable ruling the testatrix’ husband brings this appeal. We affirm. The dispute arose between appellant and appellee, Harry Burk-hart III (the testatrix’ son), over the' disposition of certain oil and gas interests owned by the testatrix as her separate property.

The parties are both…