Rutherford v. Lloyd

THOMPSON (IRA F.), J.

This is an appeal from a portion of a decree of partial distribution. The construction put by the probate court upon the fourteenth paragraph of the last will and testament of the decedent is the subject of appellants’ attack. The latter part of the paragraph reads as follows: “If there shall remain for distribution after my wife shall have received her share of my estate, as above provided, or provision shall have been made therefor, a sum in excess of the aggregate amount of all other legacies, then and in such event, after the payment of all debts, expenses of…