Kaplan v. Leader

The will of Charles Kaplan gave $1,000 to his daughter Ruth Kaplan; various specific legacies of personalty to his four sons; "all my real estate now had by me wheresoever the same may be located” to the same four sons; and all the residue of his estate, real and personal, to the same four sons.

The testator owned when the will was made and at his death an equity of redemption, valued at $4,000, in the house and land where he lived. When the will was made he had more than enough personal property to satisfy the legacy to Ruth Kaplan, but at his death he had none. The judge dismissed her…