Agnew v. McCarthy

This is an appeal by seventeen appellants from an order granting partial distribution to the seven respondents.

Appellants are ten first cousins and seven second cousins of the deceased while respondents are seven second cousins of the deceased. The seventeen appellants were likewise granted partial distribution of the estate by other orders which are not involved on this appeal. The question presented here is whether respondents were persons entitled to take under the provisions of paragraph three of the will of the deceased.

Preliminarily it may be stated that deceased left surviving him his…