This section contains the nature of the case and procedural background.

Mildred's will by certain circumstances left her residence to Helen and by trust mentioned in the will that Edwin was to receive a sum in cash equivalent to the value of the residence received by her daughter. There were insufficient assets to pay Edwin. The personal representative petitioned the court. It was ruled that Mildred's intent was to treat the son and daughter equally in the distribution of her estate. The trial court ordered the sale of the residence; the payment of taxes and all administration expenses; and, the division of the remainder equally between the son and daughter.

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