Estate of Whetmath

Joslyn & Joslyn, R. B. Joslyn and James L. Grubbs for Claimants and Respondents.

Maude Weatherby Whetmath executed a holographic will July 16, 1959; she passed away October 26, 1959. The will was admitted to probate. [1a] Paragraph 3 of the will reads: "Thirdly, I hereby will, give and bequeath to my uncle, Harry W. Ward, of 2122 First Street, Wyandotte, Michigan, all of my personal property, if he is living at the time of my death, but if he should not be living at the time of my death, then this and bequest above mentioned shall remain a part of my estate and be given as directed in Paragraph Fourth." Paragraph 4 reads in part: "Fourth, I hereby will, give, devise and bequeath all the rest of my estate to be divided equally among the following persons. ..." Here followed the names and addresses of 11 persons, cousins of testatrix, and then "If any one of the above mentioned legatees should not be living at the time of my death, then their gift and bequest above mentioned shall remain a part of my estate and be divided equally among remaining living legatees." Paragraph 5 reads: "Fifth, I hereby constitute and appoint Mr. James M. Hicks and Mrs. Mable Hicks of 519…