Burnett v. Goodyear

By their bill of complaint plaintiffs seek a decree construing the fifth paragraph of the will of Philip T. Colgrove, deceased. Defendant’s motion to dismiss was granted. Plaintiffs, as executor and executrix of the will of Lawrence E. Col-grove, have appealed.

Under plaintiffs’ contention in the instant case Lawrence E. Colgrove, a son of Philip T. Colgrove, became the sole devisee of the Philip T. Colgrove estate, subject however to certain rights of Philip’s widow, Carrie Gr. Colgrove, and also certain other testamentary provisions in Philip T. Colgrove’s will which are not material here.…