DIETERICH, J.
On March 31, 1958, the following stipulation was entered into by and between the parties:
"1. That Edward J. Buser died on the 29th day of March, 1957.
"2. That the will of said decedent dated the 23d day of January, 1947, and the codicil thereto dated the 1st day of March, 1948, were duly admitted to probate on the 21st day of May, 1957.
"3. That paragraph 5 of said will provides as follows: [Provisions the same as hereinbefore...
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