PINE, Justice.
This is a motion for summary judgment, filed by intervening plaintiffs Clarke and O'Donnoghue. They allege that they are the only living heirs at law and next of kin of Benjamin Franklin O'Donnoghue, deceased, who died testate on February 1, 1943. His will, admitted to probate by this court on July 1, 1943, contained the following provisions:
"Second, I order that my said executor shall gather all of my household effects and dispose of same...
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