Estate of Whitney

Appeal from part of a judgment determining heirship. The question is the proper construction of a will.

The holographic will of the decedent, Kathryn Whitney, reads:

"Last Will and Testament"

"I, Kathryn Z. Whitney at the age of seventy-five and being of sound mind and memory, and not acting under the influence of any person whatever, declare this my last Will and Testament."

"I direct that my executor here after named, pay my funeral expenses. That he see that money from estate be tythed to the amount of twenty-five per cent and given to the Nazerine Church--head quarters at Kansas City Mo The Oriental Missionary Society head quarters in Los Angeles Cal and National Missionary Soceity head quarters Marion Indiana for missionary work. If for any reason this money cannot be used for missionary work--then to help some poor theological students."

"I want five hundred dollars given to my daughter-in-law to pay her for grave and vault to put casket in."

"If anything should come up at this time in regard to my former husband Norman G. Whitney or his estate it is my wish that he be given the sum of one dollar What I have was mine before I met Mr. Whitney."

"Then I give…