Corwin

The holographic will of W. S.

Gormly was admitted to probate and letters of administration with the will annexed were issued to appellant. The will reads as follows:

The clerk’s transcript reflects that the house referred to in the second paragraph of the will was sold during the course of probate proceedings. The sale was necessary because there were not sufficient assets in the estate to pay creditors’ claims and the expenses of administration. In fact, the entire residue of the estate consists of $2,110.98 cash. This sum appellant petitioned the probate court to distribute to her as residuary legatee, leaving nothing to the widow. The petition for distribution was predicated upon an interpretation of the will which would devise to the widow a life estate in the real property described in the will, with a remainder over to appellant. The court ordered distribution to the widow of the residue of the estate in the hands of the administratrix, being cash in the sum of $2,110.98.

*105 The two clauses of devise are in direct conflict. No case has been cited construing or interpreting an ambiguity in a will of this nature. The cases cited by counsel refer to conflicts wherein a…