Cape Cod Bank & Trust Co. v. Cape Cod Hospital

This is a petition for instructions brought by the administrator with will annexed of the estate of one Neila V. B. Lyon for a determination as to how the residue of her estate should be distributed. Three of the beneficiaries named in the residuary clause of the will appeal from a decree which determined that a one-ninth share of the residue had lapsed and ordered that that share be distributed as intestate property to the sole heir of the testatrix.

The critical provisions of the will are subparagraphs B and C of paragraph third. Subparagraph B consists of a series of pecuniary legacies to…