Kohler

This is a petition on the part of Marie Kohler for a rehearing. The petition contains nothing new The case was fully gone into at the hearing and thoroughly considered in writing the opinion. We are therefore unable to see any reason for granting a rehearing.

The petition is denied.

We concur: Chipman, P. J.; McLaughlin, J.

This is an action to determine the proper construction of the last will and testament of Joseph Dominici. The appeal is by.. Marie Kohler and the heirs of William Dominici, deceased, and the heirs of Sophia Miller, deceased, from the judgment and from the order denying their motion for a new trial.

After making some specific devises, and appointing George W. Bates executor, the will provides: “Lastly, I give, bequeath and devise all the rest, residue and remainder of my property, real and personal, of whatsoever kind or character or wheresoever situated, share and share alike, unto my sister, Louise Jahnke, and unto my nephew Heinrich Schluther and his sister, my niece, all residing in L-uckow, Hanover, Germany.” This was dated November 22, 1897. On May 3, 1898, the following codicil was added, after recital of having made the will: “Now therefore I do make, publish and declare this to be a codicil to the same. I hereby ratify and confirm said will in every respect, save so far as any part thereof is inconsistent with this codicil. Whereas it has *291 come to my knowledge that my sister, Louise Jahnke, one of the residuary legatees therein named, is dead, I hereby give, bequeath…