Whittaker v. Fitzpatrick

Opinion op the Court bv

Morris, Commissioner

Reversing.

Appellants are P. H. Whittaker, individually, and Ruth and Yernon Whittaker, infants, suing by their father Frank E. Whittaker, statutory guardian. They are the children of Nora Fitzpatrick Whittaker, deceased, a daughter of Stephen H. Fitzpatrick appellee, and grandchild of testator, a clause of whose will is before us for construction.

On October 26, 1894, Henry C. Fitzpatrick, father of appellee, executed his will. He died prior to April 1, 1895, leaving 'a number of children to whom devises of real estate were made, apparently equal…