Conner's Estate

Van Dusen, J.,

The two clauses under discussion are so flatly contradictory that the attempt to reconcile them is not satisfactory. It may be surmised that the draftsman of the will submitted both clauses to the testatrix for her choice, and that the retention of both in the completed will was an inadvertence. The courts must make the choice, and the last clause is to prevail for two reasons:

1. Because it is the last, which is the rule to be followed in cases of “irreconcilable repugnancy:” Weltmer’s Estate, 1 Pears. 415; Grimm’s Estate, 6 Dist. R. 21; Lewis’s Estate, 3 Wh. 162; Patterson v.…