In re the Estate of Tully

Joseph A. Cox, S.

In this accounting proceeding there is raised the question of the construction and effect of paragraph Fifth of the will which reads as follows: “ In order that I may not die intestate as to any of my property, or the above mentioned gifts not exhaust my estate, or should any of the legacies set forth above lapse, any such residue and remainder of my estate shall be divided into 107 equal shares or parts, which shall be disposed of as follows: ”. Then follows a list of 13 beneficiaries with various fractional shares. The sum of all the fractional shares is 102 and not 107 as…