Hickey v. Costello

The will of Emily L. Smith was admitted to probate in February, 1910. At the time of her death her sole heirs at law were Cora I. Carnahan, now Mrs. Costello, and Frank L. Smith. The sole question presented for our determination is the construction of the fifth paragraph of her will, by which she made bequests to her six grandchildren, as follows: “Fifth: I give and bequeath to each of my grandchildren now living, namely, Harold S. Carnahan, Doris L. Carnahan, Emily E. Carnahan, Eben LeRoy Smith, Melvin Hill Smith, and Frank Leonard Smith, the sum of three thousand dollars ($3,000.00) the…