Fitzgerald

Josephine H. Graham died January 6, 1955, at the age of 91 years, leaving as her only surviving relative her brother, Fred L. Graham, who is approximately 87 years old. Her estate was appraised at $157,925.92 and consists of real property valued at $40,000, an oil and gas lease valued at $150, home furnishings valued at $125, and stocks and bonds valued at $117,650.92.

The decedent’s formally executed will has been admitted to probate. After providing for the devise of three lots to a friend of the testatrix * the will provides that the residue of the estate is to be held in trust for the benefit of the testatrix’s brother during his life. Jean E. Fitzgerald, appellant herein, is named as executrix and trustee. Among the powers granted the trustee is the power to sell any part of the trust estate except the testatrix’s home, which is to be retained as a home for the testatrix’s brother. The will then provides:

The matter in dispute is the meaning of the phrase “personal property” in the foregoing provision of the will. Appellant contends that it includes all the property except realty. Respondent contends that it includes only the home furnishings and not the stocks and bonds.…