Estate of Claiborne

This is an appeal from the decree of final distribution in the matter of the estate of Gilbert B. Claiborne, deceased. The deceased died testate, his will being as follows:—■

He left no descendants, and his only heirs at law were Marian P. Claiborne, his surviving wife, and the children of several deceased brothers. All the property left by deceased was his separate property. The lower court determined that under the terms of the will the surviving wife was entitled to have distributed to her an undivided three fourths of all the property, and that the children of the deceased brothers were entitled to the remaining one fourth. Prom the decree made in conformity with this determination some of said children have appealed, claiming that the surviving wife is entitled to only one half of the property and that the children of the deceased brothers of deceased are entitled to one half of the property.

The theory of appellants is that deceased died intestate so far as any distribution of his property by will was concerned, the claim being that the only effectual part of his will was the provision appointing executors, and that the property passed under the law of succession as…