Carr v. Rogers

I cannot agree to the majority opinion and therefore file this dissent.

The majority say that when Mrs. Birdie Frey used the word “surplus” in the concluding paragraph of her will, she referred only to her dishes, crystal ware, silver and bric-a-brac. This cannot be the correct construction of that word “surplus.”

To begin with Mrs. Frey says, “My other belongings, dishes, crystal ware, silver, bric-a-brac to be distributed by Naomi Frey Hickie, Isabella Guffey, Elizabeth Watson * * The words “to be distributed” mean by all definitions that the three named parties shall divide the enumerated…