Cushman v. . Horton

The question in this case arises upon the fifth clause of the testator's will. By the fourth clause he had bequeathed to his sister, Polly Carter, the use and profits of $2,000, to be paid to her by his executor. The fifth clause was as follows: "After the decease of my sister, Polly Carter, I give and bequeath said $2,000, hereinbefore devised to my said sister, Polly Carter, to the lawful heirs of my brother, Medad H. Frisbie, in equal proportions." Medad H. Frisbie is not named or referred to in any other part of the will. It appears in proof that Medad H. Frisbie survived both the…