Capps v. Richardson

Oxner, Justice.

The primary question on this appeal relates to the construction of a will executed by L. L. Altman on February 22, 1941, which, omitting formal parts, is as follows:

“Item 1: Whereas, I am indebted to Draytford Richardson, as is evidenced by a mortgage bearing equal date with these presents, and whereas on account of the amount now due and in order to save any foreclosure proceeding of the said mortgage in the case of my death. I hereby will, devise and bequeath unto the said Draytford Richardson all of the property, real or personal, of which I may die seized.

“Item 2: I hereby…