Daytona Institute v. Dow

By an order for partial distribution in the above-entitled cause it was decreed that George S. Doane died intestate as to the residuary portion of his estate and that the residue of the estate be distributed to the'heirs at law. The correctness of this adjudication is the sole question raised upon the present appeal.

Clause tenth of the last will and testament of the decedent, dated April 28, 1920, provides :

“All the rest and residue of my property of whatever nature and wheresoever located, I give, devise and bequeath to the National Bank and Trust Company of Pasadena, a National Banking…