Hummell v. Hummell

The sole question for decision here is whether the gift to the four named children or survivors carried the entire estate to the three children of the testatrix who survived her, or whether the children of Leslie Ray Hummell, who predeceased the executrix, took the share intended for him. It is patent the will was intended to dispose of the maker’s estate. Those who take under the will, take as purchasers. By the use of the words “or survivors” the intention is clear the survivors shall be determined as of the date of the maker’s death. This must be so for the reason that no preceding estate…