Ferguson v. Gaskill

The question for construction depends upon Item II of the will. This item is as follows:

“Item Second: — After my death $1000.00 shall go to the Heidelberg University, Tiffin, Ohio, and $1000.00 to the Union Reformed Seminary, Dayton, Ohio. The income of whatever remains after the above is paid shall go to J. C. Harnish and Mary J. Harnish. After their death, the heirs of my brothers, Samuel and John Harnish.”

There is no doubt that this item is not definite and is susceptible to the different constructions placed thereon. The amount of the fund was that left after the payment of the two…