Whitehead v. Donnelly

CLAY, Commissioner.

The construction of a provision of a holographic will is sought in this declaratory judgment action. The controversy is between the named residuary legatees and the heirs of the testatrix. The Chancellor adjudged the legatees «took the property in fee simple.

The will of the testatrix, after disposing of a tract of real estate and certain corporate stocks, provided:

“3. The residue of my estate, real, personal & mixed to Louise Sledge and Helen Garvin Donnelly to distribute as I have directed. No bond required. Louise Hackney Executor.” (Our emphasis)

In addition to the will…