Holliday v. Smith

OPINION

NYE, Justice.

This case involves the construction of the last will of H. W. Smith. The trial court severed the plea for the construction of the will from the other relief sought. It is from the finding of the trial court that the will was unambiguous, that this appeal has been perfected. The will in question has been the subject of prior litigation wherein the same parties were before this Court on a will contest.1

The decedent’s son, appellee, was the principal beneficiary under the will. He was the named independent executor and qualified as such. After judgment was entered appellee…