HELM, Justice.
The question here is: Did the lower court err in not submitting this contested will case to the jury?
Appellant, Francis Marion Jackson, is a brother of and next of kin of Nell Edith Craig, 51, of Erlanger, who was fatally injured in an automobile accident at LaFayette, Indiana, and died on October 8, 1948. John Walter Craig, her husband, had died April 25, 1948. They had no children. Her will, dated August 26, 1948, provided:
"Item...
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