Armstrong v. Moran

The Surrogate.

John Moran, after several devises and bequests in Ms will, bequeathed “ all his personal es-

*315tate, except as above, to his brother James, and his children, and the child of his sister Catharine, to be equally divided between them, and their heirs, and assigns, for ever.” At the death of the testator, James Horan and five of his children were living, but the child of his sister Catharine had died, leaving a child surviving, and who now claims the share bequeathed to her mother.

There can be no doubt that the terms of the gift to “ James Horan and his children,” “ to be equally…