Bennett v. Lloyd

Bowles, Justice.

Certain beneficiaries under the will of Gordon Bennett filed suit against the executors praying that the court construe certain language of the testator’s will, to wit:

"I hereby will, bequeath and devise all the remainder of my property, both real and personal, of whatever kind and wherever situate, to my nieces and nephews, per stirpes. This is an individual gift to those nieces and nephews now in esse and is not a class gift.”

At the time of the execution of the will the testator had one brother deceased and one sister living neither of whom had any children; he had one…