In re the Construction of the Will of Welsh

William T. Collins, S.

The trust originally consisted of a parcel of real property and $20,000 in cash. The testator directed that on the death of the life beneficiary without lawful issue surviving her, the fiduciary is 11 to divide, pay over and convey the said Trust property unto my then right heirs.” (Italics added.)

The term “ right heirs ” was used in creating estates tail, and with the abolition of such estates, it has fallen into disuse. As used in this will, it means the same as if the single term “ heirs ” had been used. (Brown v. Wadsworth, 168 N. Y. 225, 237.) The court holds that…