Tate v. Gregson

I believe this was clearly a class gift and not an individual one. It may well have been that the testatrix intended to eliminate the illegitimate niece but in my opinion she failed to do so. Had she stated that the gift was to “the following named nieces and nephews,” and then named them this would clearly have been an individual gift to each niece and nephew. However, she stated: “My estate is to be divided equally among those of my nieces and nephews still living...” The next paragraph attempted to name her nieces and nephews but this seems to have been merely an effort to assist an…