Ruh's Executors v. Ruh

Opinion op the Court by

Judge Perry

Affirming.

This appeal involves the propriety of the construction, decreed by the learned chancellor of the Fayette circuit court, of the will of Alfred Ruh in an action brought by his executors under the Declaratory Judgment Act (Civ. Code Prac., sec. 639a-l et seq.), asking a construction of his will and advice as to the distribution of his estate.

In June, 1933, Alfred Ruh, of Fayette county, died leaving his wife, Rosa Ruh, a daughter, Florence Ruh Wagner, and three sons, Elmer J. Ruh, Walter A. Ruh, and Alfred Ruh, Jr., surviving him. He also had surviving…