Slater Estate

Opinion by

Mr. Justice Allen M. Stearns,

The appeal raises the question whether the words in the second item of the will dispose of a residue of a residue or indicate testator’s intent to bequeath the residue in its entirety. The correct proportions of the amount of the lapsed legacy distributable to the other residuary legatees is also in issue.

Howard Morton Slater, the testator, died June 15, 1951. His beneficiaries were three first cousins: Mary Spratt Aber, a daughter of a sister of testator’s mother, and Ralph Canon and Alice Canon, children of a sister of testator’s father. The will…