Keyser v. Powell

SIMS, Judge.

This declaratory judgment action involves the construction of the will of H. C. Powell, who died April 23, .1945. The depository clause gave his entire estate to his wife, Kitty Reed Powell, one of the appellees herein, for her life with the remainder to be divided equally between testator’s heirs and her heirs, or whomever she should appoint.

The clauses of the will with which we are concerned read: .

“III. Approximately one-third (I/3) of 'my entire estate is at this time invested in real estate. It is my will, and I hereby direct, that after my death such estate as I may own at…