Kimbrough v. Dickinson

FOSTER, Justice.

' This is an appeal ‘ from a decree overruling a demurrer to a bill in equity filed by the executrix of the will of Shelton C. Dickinson, deceased. Complainant also sued individually and as a legatee under the will. The purpose of the bill is to have construed the will, on account of an ambiguity in the third paragraph of it, as to whether the devise is to a class and was intended for the survivor of it living at the time of the death of testator. The devise is to his “nearest living kin — my beloved brother and sister Robert L. Dickinson and Maude Dickinson. These two to…