Bennett v. Blue Mound Cemetery Ass'n

This case in the trial court presented multiple issues. On appeal here it presents basically the question as to whether dollar proceeds of building and loan stock are to be distributed under the terms of a will or as intestate property distributable to the heirs of a deceased person.

The trial court, in effect, held that the money was the property of the estate, distributable under the residuary clause of the will. We affirm that judgment.

Mildred M. Weber, on October 14, 1947, made her will. She will be referred to hereinafter as the testatrix.

Paragraph Fourth of the will provided: “I am not…