In Re Estate of Johnson

VOGEL, Judge.

At issue in this appeal is the construction of subparagraph 6 of paragraph SECOND of the Last Will and Testament of Bennie O. Johnson, dated January 19, 1957. It reads:

“I declare that I have created this trust for the use and benefit of my surviving wife, if any, with whom I may be living as husband and wife at the time of my death. I further declare that if I have no surviving wife at the time of my death, or if I have a surviving wife from whom I am separated, or with whom I am not living as husband and wife, then and in that event the Bennie O. Johnson Trust Estate shall not…