Wharton v. Executors of Silliman

The plaintiffs claim to ho recognized as legatees under the will of their deceased granduncle, William Silliman, by virtue of the following provision of his said will:

“Item 8. — I give and bequeath to the children of my late brother, Thos. Silliman, one-fourth of the remainder, to be divided equally with those that may be living at my death.”

They are admitted to be the grandchildren of the said Thomas Silliman, and the only children of his daughter, Caroline C. Silliman, deceased, wife of B. P. Wharton.

It was argued, in this court, that, as the record is silent as to the date of the death of…