Estate of Thompson

Appeal from an order approving and settling an executor’s account and from an order of partial distribution.

The main question involved is the proper construction to be given to the last will and testament of the deceased. The instrument in question in holographic, and it is dated January 4, 1919. The death of the testatrix occurred September 15, 1919, and the will was admitted to probate October 21, 1919. Certain real estate described therein as the Morris Vineyard tract, and which was sold during the course of administration for the sum of $20,250, forms the major portion of the estate and is the subject matter of the present controversy. It is the claim of appellant that the trial court adopted a wrong construction of the will, and that respondents were distributed a greater sum than that to which they were entitled. Such portions of the will as are necessary for a proper discussion of the ease are as follows:

In construing a will the predominant idea in the testator’s mind, if apparent, is heeded as against all doubtful and conflicting provisions which might defeat it. A will is to be construed according to the intention of'the testator, and in ease of any uncertainty…