Estate of Gadina

This is an appeal from a decree of final distribution. The respondent John R. McLean' was the executor of the last will and testament of Hannah Gadina, deceased, and a legatee and devisee thereunder. His petition for distribution was contested by the appellant here, who is also a legatee under said will and who contended for a construction of the will different from that announced in the petition for final distribution. The issue Upon that question is the only matter involved upon the appeal.

Deceased was the aunt of both parties hereto. Her holographie will was neither punctuated nor capitalized. In constructing it the trial court separated it into sentences and announced that such separation seemed' the natural and proper one beyond any doubt. The will is as follows:

We can only say with the trial court that this seems to us the natural and obvious intent of the instrument and to express the intent of the testatrix. This impression of the document itself is strengthened, we think, by the testimony in the record. Contestant and appellant sought to prove by testimony regarding the relationship of the parties, that it was more reasonable to suppose that the testatrix intended to…