CORRIGAN, J.
This is an appeal on questions of law from a judgment of the Probate Court of Cuyahoga County overruling a motion for a new trial and confirming an order of the referee, which sustained an order of distribution in kind.
On April 29, 1958, Carol M. Kirkwood executed her last will and testament which, in part, provided:
"Item 2 — I give, devise and bequeath to Therese G. Moorehouse, Mentor, Ohio, my diamond ring and sixteen (16) shares...
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