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ANNIE FINK, complainant-appellant, v. OLGA K. HARDER et al.,defendants-respondents.

1. Where, as in the case sub judice, parties in interest have practically construed a will, and allowed a beneficiary named therein to possess and enjoy a devise, relying upon the devisee's assumed right thereto, the parties to such practical construction may be regarded as estopped from asserting the contrary.

2. In construing a will the court will read the will as a whole and will heed the predominant idea of the testator's mind, if apparent, as against all doubtful and conflicting provisions which might of themselves defeat it.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Fallon.

For affirmance — THE CHANCELLOR, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, BROGAN, VAN BUSKIRK, KAYS, DEAR, WELLS, KERNEY, JJ. 13.

For reversal — None.

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FINK v. HARDER
(Oct 17, 1932)