Benolken v. Johnson

It should be noted at the outset that we are in exactly the same *438position in construing the will in question as was the trial court.

The question depends entirely upon the wording of the will as there was no evidence introduced aside from the will itself and the certificate to the transcript so shows.

The portions of the will requiring interpretation are the second, third and fourth paragraphs reading:

‘ ‘ Second

‘ ‘ I hereby give and bequeath unto each of my heirs-at-law not elsewhere herein mentioned or provided for, the sum of One Dollar ($1.00).

“Third

“I hereby give, bequeath and devise unto…