Smith v. White

CULLEN, Commissioner.

This appeal involves the construction of the residuary clause of the holographic will of Kate Smith, which is:

“ * * * the rest of my estate land and Stock and belongings to my sister Poca Smith, if she out lives me she de-vide my little among my nephews & Nieces.” -

Poca survived Kate and subsequently died leaving a will in which she undertook to devise all of her estate, including what she had received from Kate, to a brother and two sisters.

The appellants are the nephews and nieces. Their contention is that the will gave Poca a life estate with remainder to them. The…