Petition of Oliver Wolcott

Although not expressly stated, the testator’s purpose that during her life, his wife should have the beneficial use of his entire estate, except for $10,000 bequeathed to his sons, is readily apparent. Apart from these legatees, the only others, who might share in the estate are designated not by name, but as members of a class, or as heirs or next of kin, and would take only in the event that the widow survived one or both of the sons. The residue, at the widow’s death, is to be distributed among the testator’s “then living issue in equal shares by right of representation,” a phrase plainly…