HENDERSON, J.
This is an action for a declaratory judgment and the construction of the will of David Shapira, M. D., who died April 13, 1973, a resident of this county. By agreement of the parties, the case has been submitted upon the pleadings and the exhibit.
The portions of the will in controversy are as follows:
"Item VIII. All the rest, residue and remainder of my estate, real and personal, of every kind and description and wheresoever...
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