The Federal Reporter: With Key-Number Annotations ..., volume 176
The Federal Reporter: With Key-Number Annotations ..., volume 176
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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Then, in the seventh item of the will, the testator empowered the trustees. In certain contingencies, during the lifetime of his wife, or after her death, with the consent of the daughter, to sell and convey the homestead, in which case the proceeds were to fall into and become part of the residuum of the estate, ^ther parts of the will bearing more or less on the particular point now under consideration are items 9 and 10, by one of which the testator di- rected that his estate should not be f...inally distributed until the death of his wife and daughter, and by the other that upon the death of the wife and daughter, and after the payment of all debts, the testator's remaining estate, real and personal, should be distributed in a prescribed mode. The tenth item of the will then gives, devises, and bequeaths the "residue" and "remainder"' of the estate in certain proportions to specified persons and corporations. These provisions, in connection with others in the will, leave no doubt in our minds that the testator intended to dispose of his entire estate, and not to die intestate as to any part of it Digitized by V:iOOQIC -320 176 FEDERAL REPORTBB.
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