Stearns v. Brandeberry

This action was brought by the plaintiffs as executors of t’he last will and testament of Orrin Stearns, to obtain a construction thereof by the court. The will was executed on October 17, 1888, and, after making, certain specific bequests and 'devises, gives and devises to his wife, Sarah Ann Stearns, all the remainder of his property, real and personal, for and during her natural life.

The will then contains the clause which is in controversy and which reads as follows:

“It is my request that the balance of my estate be equally divided between my living heirs and the living heirs of my wife,…