Radcliffe v. Kiehl

The single question presented is. whether the specific bequest of $3,000 to the deceased son became a part of the residue and passed under the residuary clause of the will, or whether it became intestate property which passed to the heirs at law of the deceased.

The intent of the testator is always the guiding star which is to be followed in the construction of a will. The scheme of the testator, as disclosed by the provisions of his will, seems plain. It was his intent that certain definite sums should be given to the legatees named in the will in case the estate amounted to a sum sufficient…