In Re Estate of Phearman

Wagner, J.-

-Joseph Phearman, the testator, died February 4, 1917. His will was duly admitted to probate on the 27th day of the same month. The nomination of Charles H. Phearman, a son, as executor, was confirmed by the court, and he is still acting as such. Charles IT. Phear-man, both as executor and in his own right as a devisee and legatee, instituted this action for the construction of the will. Said instrument provides :

“ (First) I give, devise and bequeath unto my beloved wife Sarah Phearman, the use and benefit of all my property, both real and personal, of which I may die seized…