In re Pross

The question presented on this appeal is whether intestacy or only partial intestacy as to the residuary estate results from the elimination of secondary life estates and remainders from the will under construction in this proceeding.

The testatrix, Malky Lyons, died a widow, leaving her surviving four children, three of whom are sons, Nathaniel, Lewis and Joseph, and one a daughter, Annie L. Spiegel. By her will she disposed of the remainder of her estate, of the approximate value of $100,000, by giving it to her trustees, directing them to divide it into four equal parts, each of such parts…