Russell's Estate

Opinion by

Mr. Justice Simpson,

Testator died without leaving lineal descendants. One paragraph of his will says: “I give and bequeath unto my niece, Sarah Booth, the sum of $2000.” Similar pecuniary gifts, in varying amounts, are made to other relatives, and his residuary estate is directed “to be divided among the above named legatees pro rata.” Mrs. Booth died before testator, without descendants, but leaving to survive her an adopted son, the appellant here. For the purposes of this appeal, we will assume, without deciding the point, that the deed by which he was adopted, is sufficient to…