FREEBOURN, Justice.
Two appeals have been here consolidated. They arise from two orders made by the Honorable S.D. McKinnon, district judge, in the estate of John B.L. Hume, deceased.
John B.L. Hume, a single man, died on March 21, 1952, in Miles City, Custer County, Montana, leaving an estate valued at approximately $446,959.92, which he disposed of by will.
The will, in part, provided: "Fourth: I give * * * to Thomas Furness the sum of $10,000.00...
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