Oglesbee v. Miller

The only question presented to this court is whether the personal property owned by the testatrix at the time of her death was disposed of by her will. If it was not, it follows that under the statute of descent and distribution, there having been no children or their legal representatives, such property passes to and vests in the surviving husband. The provision of this will which it is claimed has the effect of disposing of the personal property of the testatrix is contained in item 5 and is as follows:

“All the rest and residue of my said property realized from the sale of my said real…