In Re Raworth's Estate

Holmes, 0.

This appeal involves the constuction of the last will and testament of Jennie D. Raworth, deceased. The date of the death of the testatrix is not disclosed by the record, but her will was filed on May 21, 1941. John 0. Raworth, a nephew of the testatrix, was named as executor and trustee under the will and at the time of the filing of the petition in this proceeding, had been discharged as executor.

The pertinent provisions of the will are as follows:

“Item III

‘ ‘ I give, devise and bequeath unto my dear niece, Olive R. Smedes, of Houston, Texas, my half of the joint account in the…