Lee, Etc. v. Foley

The principal question involved on this appeal is whether the will of B. A. A. Foley made a gift to his children as individuals or as a class. The testator was 72 years of age on March 31,1941 when he made and published his will. At that time, the testator had eight living children and one deceased child. In the third paragraph of his will, the testator disposed of his real estate. He began the paragraph with these words: “At the present time, my children are (naming his eight living children).” The will then recited the ownership of certain real estate and provided that it should not be sold…