Concord Nat'l Bank v. Trustees Uwo Hill

Ewing Hill, Jr., died without issue on April 11, 1948, leaving a will dated June 5, 1944, and a codicil dated November 28, 1945. The residuary clauses contained in both the will and the codicil provided for alternative dispositions in the event that the residuary estate did, or did not, exceed $100,000. The parties stipulate that the residuary estate did exceed that amount and, therefore, only those provisions which are applicable will be considered.

The testator had two brothers and a sister each of whom, unlike the testator, had several children. One brother, Daniel A. Hill, predeceased the…