In Re Estate of Bentley

Leon A. Bentley died on December 27, 1927, leaving an estate in excess of $480,000, and in addition thereto an annuity trust in the amount of $25,287.03 which is the subject of this litigation. By his Last Will and Testament, executed on December 22, 1923, specific legacies were made to several individuals, including Robert B. Morse, the testator’s nephew and the respondent-appellant herein. Martha Bentley, the testator’s wife, was appointed executrix.

Paragraph Six of the will provided as follows:

“All the rest, residue and remainder of my estate, real, personal or mixed, and of whatsoever…