70 Conn. 283 | Conn. | 1898
The demurrer should have been sustained. There is no ambiguity in the language of the codicil. Jackson v. Alsop, 67 Conn. 249; Woodruff v. Migeon, 46 id. 236; Patch v. White, 117 U. S. 210, 224.
The language we are asked to construe is: “I give, devise and bequeath to my nephews and nieces, they being my lawful heirs, all the rest and residue and remainder of my property, real and personal.” If the language had been, I give, devise and bequeath to my nephews and nieces the rest and residue and remainder of my estate, etc., there would have been a complete disposition of the estate, and there would have been no thought other than that the testator gave his estate to his nephews and nieces as a class, and that they
The testator having by the words first used, as above in the codicil, made a good devise to his nephews and nieces, as such, and to them as a class, it cannot be supposed that he intended by the words following that devise, to make his will wholly void. It seems reasonably clear that the testator intended to have his nephews and nieces share equally in his estate. The words “ they being my lawful heirs,” were used as explanatory of his reason for revoking the provisions of his original will and the first codicil. Other circumstances lead to the same conclusion. The testator was quite advanced in years; he was a widower, and childless ; he had a comfortable estate; he was the last of a family of six children, all Ms brothers and his oMy sister havmg died before Mm, the last one of them in 1883 ; his nephews and nieces had been for more than ten years his oMy kindred by blood. They were all related to him in the same degree. They
The Superior Court is advised that a per capita distribution should be ordered of the fund in the hands of the plaintiff as executor.
In this opiMon the other judges concurred.