Saleen

Statement of the Case

The will of the decedent, Pearl Phyllis Taff, dated February 28, 1961, was admitted to probate, and Clarence Aulman was appointed executor. Thereafter appellants, all related to the decedent’s predeceased husband, Hariy C. Taff, petitioned the court to determine heirship and for an order that they were intended as heirs of Pearl Taff under her will and entitled to distribution of a portion of her residuary estate.

Clarence Aulman, as executor of the estate, acting for the respondents, all of whom are related by blood to Pearl Taff, filed an answer to the petition alleging that by the words “my heirs” as used in her will, Pearl Taff meant only the blood members of her side of the family.

Respondents moved for summaiy judgment in the heirship proceeding. The motion was granted, the trial court finding that it was the intent of Pearl Taff that the residue of her estate go to the three children of her *322 deceased sister, Margaret Aulman, namely, respondents Clarence Aulman, Margaret Searcy and Harry C. Aulman. Summary judgment for respondents was entered, and appellants’ petition for heirship was dismissed. Thereafter, respondents petitioned the…