3 Bradf. 382 | N.Y. Sur. Ct. | 1855
The testator gave the residue of his estate unto “ the two nearest female relatives or connections” of his deceased mother, adding, “ that is to say, I make the said relatives my residuary legatees, provided, and the said bequest is upon the express condition, that said relatives or connections shall furnish my executors satisfactory proof of their identity and right of inheritance within two years after
If, then, we must take the will as speaking at the time of the testator’s death, and as vesting the residue in the persons at that time coming within the description of the residuary clause, the great grand-nieces will necessarily be excluded, as not being in existence at that time. ÜSTor do I think that the wife of the grand-nephew is entitled under the descrip
The word “ connections” used in the bequest now under consideration may have a larger signification than “relatives,” and though the words “ right of inheritance,” contained in the residuary clause, look towards a relation by blood, yet it may have been the testator’s intention when giving to “relatives or connections,” to include connections by marriage in default of there being any relations by consanguinity. The word or in the clause may have been designed to effect a substitution of “ connections” to the benefit of the bequest, in case there were no “ relatives.” It is not, however, important to dwell upon that point, for the reason that if we take the tes-' tator as intending by the description to include all the female relations and connections by blood or affinity of his deceased mother, still upon inquiry who were “ the two nearest,” the two nieces of his mother living at his death, exactly answer the designation, and the result excludes the wife of a grandnephew. The term “nearest” means nearest in degree—