COLLINS, J., delivered the opinion of the Court.
This is an appeal from a judgment for defendant, appellee, rendered by the trial judge, without a jury.
Elmer P. Schildt died on February 5, 1949, survived by his widow, Rhoda E. Schildt and a brother, Elvin R. Schildt. He left a will dated November 21, 1934, the pertinent parts of which follow:
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