In re the Final Judicial Settlement of the Account of Proceedings of Douglass

Slater, S.

The court in admitting the will of the above-named decedent to probate held to be void paragraphs “ second,” “ third,” “ fourth ” and the appointment of Lizzie C. Douglass as executrix in paragraph “ seventh.” The court is now asked to construe said will as to the distribution of the estate.

Elizabeth C. Douglass, the mother, predeceased the testatrix *289and Mary C. Odell survived the testatrix about four months with the result • that the brother, Forster W. Douglass, and the sister, Lizzie C. Douglass, each became entitled to one-third of the estate, with the other one-third being…