Metcalf

Appellant appeals from a judgment entered in an heirship proceeding brought to construe the language in the holographic will of the testatrix.

The testatrix, who died on April 17, 1960, left a holographic will dated January 10, 1942, and the pertinent parts involved in this appeal are as follows:

The appellant and the executrix are children of the decedent by a former marriage.

Upon the hearing, at which no testimony was presented, the issue being strictly a matter of construction of the will, the court, in effect, found that the will did not include dis *362 position of any interest in community real or personal property; that the term “money” was used in its literal sense; that “personal property” meant personal effects, furnishings and other tangible property in and about the testatrix’ home; and that the words “would like” as to Mignon G. Gilbert were expressions of desire rather than disposition; that the language so used did not disinherit the husband or other persons as to all of the property of the decedent; and that she did not intend to dispose of all of her property by this will, and the court made its conclusions of law accordingly.

Presumptions to the effect that…