In Re Estate of Browne

Cora McGarvey and Edith Johns appeal from, that portion of the decree of distribution by which the entire residue of the estate, consisting of about thirty-two thousand two hundred dollars, was distributed absolutely to Clarence W. Browne, a son of the testator, the theory and contention of appellants being that the will of Thomas H. Browne created a precatory trust in their favor.

In the will, after making in direct and positive language eight certain specific bequests to his collateral relatives, the testator used the following language:

“All the rest and residue of my property of every kind,…