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WETTERLUND v. HOLM

No. 1041.

74 F.2d 107 (1934)

WETTERLUND et al. v. HOLM.

Circuit Court of Appeals, Tenth Circuit.

November 28, 1934.

Attorney(s) appearing for the Case

John S. Dean, of Topeka, Kan. (John S. Dean, Jr., and Mark L. Bennett, both of Topeka, Kan., on the brief), for appellant Topeka Mortgage & Investment Co.

Frank G. Drenning, of Topeka, Kan., for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

LEWIS, Circuit Judge.

John Wetterlund of Topeka, Kansas, died testate September 5, 1929, and the main purpose of this suit is to obtain a construction of his will. It reads thus:

"Topeka, Kansas, April 23, 1928.

"I, John Wetterlund, of Topeka, Shawnee County, Kansas, hereby will and bequeath all of my real and personal property to my wife, Sophia Wetterlund, to have and to hold and use during her natural...

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