Lotz v. Davis

*264OPINION

By GEIGER, J.

Flossie A. Lotz, as executrix of the estate of Elmer E. Glick, deceased, filed a petition in the Probate Court of Shelby County, seeking instruction by that court with respect to the payment of a legacy in the amount of $1000.00. The Probate Court found that the legacy in question had lapsed and directed the payment to the residuary legatees, from which finding the defendants-appellants appealed to this court.

The last will and testament of Elmer E. Glick, concerning .which .instructions are sought, provides, in so far as the question is here raised, as follows:

“SECOND: I…