Mathew v. Mathew

MASON, Justice.

This is an appeal from the trial court’s decree entered in a declaratory judgment action brought to construe paragraph 3 of item 2 of the will of James M. Mathew who died November 10, 1951, a resident of Mahaska County.

Decedent’s will dated June 29, 1938 was admitted to probate November 17, 1951. He was survived by his widow, Ethel, who died November 26, 1970. J. M. Mathew had six children. Two sons, I. E. Mathew and Walter Ray Mathew, predeceased their father. The remaining four children of J. M. Mathew predeceased his widow.

Plaintiff, Gerald C. Mathew, is the natural son of…