Stearns v. Stearns

The husband and two of the children of the testatrix would construe' the language of the third clause of the will of Mrs. Stearns, “I hereby give, devise and bequeath all the rest, residue and remainder of my personal estate,” as devising and bequeathing all the residue and remainder of the real and personal estate of the testatrix. The husband and the two children of the testatrix contend that the term used in the third clause of the will is equivocal or ambiguous as to the property disposed of therein, and that the intent of the testatrix, the ascertainment of which is the primary end of…