Phillips

This is an appeal from the decree of distribution of the personal property of the estate of Steve E. Barbikas by Bessie Phillips, the niece of the testator and one of the legatees. On appeal, it is argued that the trial court erroneously construed the phrase “personal property” in a codicil, to be ambiguous and erroneously admitted extrinsic evidence and made erroneous rulings pertaining thereto; and that the findings and conclusions of the trial court are not supported by the evidence.

On August 16, 1947, the testator, a bachelor, executed a typewritten witnessed will which had been prepared by his attorney. This instrument made a number of specific cash bequests and devises of real property to various relatives, including the devise of a parcel of real estate to the appellant and the bequest of all the residue of the “cash money,” share and share alike, to the various relatives (including the appellant). The residuary clause left all of the remainder of the estate in trust, as follows: for 21 years, the income of the trust was to go, one-half to the respondent, Bessie Economy (the testator’s sister), and the other half, in equal shares, to the three nieces of the testator,…