Pealer v. Cruit

The original action was brought to secure a construction of the last will and testament of Gilbert Cruit, in the Franklin Common Pleas. The second item of the will, in substance recited: “I give devise and bequeath to my wife, Sarah Cruit, all the rest, residue and remainder of my estate both real and personal, to have and to hold to her . . . and her heirs and assigns forever.”

This was followed by a third item which provided that after the death of Sarah Cruit, all that remained was to be divided share and share alike, between two daughters and a grandchild. The lower court in construing…