Matter of Estate of Lindsey

Robert H. Dudley, Justice.

The executor of the estate of Gertrude H. Lindsey filed a petition in probate asking for the construction of the testatrix’s holographic will. The testatrix’s grandchildren contend that under a clause of the will they take the residue of the estate, while her nephews contend that they take the residue under a different clause. The probate judge made a detailed finding of fact and issued a well-reasoned opinion which, in essence, construed the will to contain a particular residuary clause bequeathing the residue of a particular class of property to the grandchildren…