Nelson v. Minton, Exr.

This is a proceeding in error from the Court of Common Pleas of Butler County in which it is sought to reverse the judgment of that court construing a will.

The case presents an interesting question which though rare is not altogether novel.

Briefly stated, the facts are that the testatrix in her will divided her estate equally between the relatives of her deceased husband and her own relatives. In the will these were mentioned by name. At the time of the execution of the will, a brother and sister of the deceased husband, and a niece and two nephews were dead and known to be dead by the…