In re the Judicial Settlement of the Account of Proceedings of Baird

Schulz, S.

The accounting executors request a construction of the last will and testament of the decedent. The widow and all of the heirs and next of Mn of the testator have filed a stipulation and consent that a certain construction be given to the language of the will. While such a stipulation might be binding upon the adult parties as against each other, the court can accord it no consideration, but must give such a construction to the instrument as its language warrants.

The first question arises as to paragraph “ fourth ” which provides as follows: *80The son Henry died after the death of the…