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IN RE JOHNSON'S ESTATE

No. 33068.

46 Wn.2d 308 (1955)

280 P.2d 1034

In the Matter of the Estate of JULIUS C. JOHNSON, Deceased.

The Supreme Court of Washington, Department One.

March 15, 1955.

Attorney(s) appearing for the Case

John J. Schiffner and Bert A. Farley, for appellant.

Gleeson & Smith, for respondent Clarence P. Smith, as guardian ad litem.

McCallum & Zellmer, for respondent executor.

DONWORTH, J.

This appeal calls upon us to review the construction placed on the provisions of a will by the superior court sitting in probate.

Julius C. Johnson died testate July 30, 1949. His nonintervention will, wherein his son Raymond L. Johnson was named executor, was admitted to probate September 13, 1949. This will contains the following provisions material to this controversy:

"FIFTH: I devise unto my son, Raymond L. Johnson, in fee simple...

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