Bailey v. Smith

The testatrix, Emeline S. Jenkins, who died May 21, 1905, was a widow and left no children. Her heirs at law were her two brothers, Franklin Smith and William John Smith. Franklin died November 5, 1906, leaving a widow and four children; and William died on January 10, 1910, leaving a widow and two children. After the death of both of the brothers the will was before the court for interpretation as to the distribution of income. Bailey v. Smith, 214 Mass. 114.

The third paragraph of the first codicil is as follows: “I change the disposition of the residue of my estate under clause Fifteenth,*…