Shuburgh v. Spence

This is an appeal from an order of the Superior Court of Los Angeles County, sitting in probate, construing certain provisions of the last will and testament of Newton E. Spence, deceased.

The essential facts are:

Newton E. Spence died testate on September 11, 1941, leaving as an heir at law his brother John F. Spence, appellant herein.

So far as essential here, decedent’s will read thus:

“First

“I declare that I was never married and therefore I have no children, and that my mother and father are both dead. I have one brother, John F. Spence, at or near Elizabeth City, North Carolina.

“Fifth

“I…