Todd v. Gambrill

The Chancellor.

In the absence of a statutory provision to the contrary, there is no doubt upon this, viz., that Clara Yeatman’s children could not under any theory be brought into the group of residuary legatees. Being only grandnieces, they could not answer to the description of nieces, nor could they indirectly share in the residue through the instrumentality of an administrator for their mother’s estate, because at the date of the will their mother was dead. If the testator, when he made his will had thought he was including her among the nieces and nephews described, yet, she being dead…