Marsh v. Marsh

The opinion of the court was delivered by

Hall, J.:

This is an appeal from a judgment construing a will. The case was tried by the district court on appeal from a judgment of the probate court. _. The matter was submitted on an agreed statement of facts. The salient facts to understand the issues of the case are as follows: Maude E. Dees, a widow, died testate. She was childless .and was survived by Paul K. Marsh, a brother, petitioner and appellant herein; Rufus R. Marsh, a brother, respondent and appellee herein; Mary Abraham, a niece and child of Eliza Marsh Rrown a deceased sister,…