Cryder v. Garrison

*580Dissenting Opinion by

Mr. Justice Bell:

The basic question involved is whether a specific devise of real estate to three named nieces is a devise to them as individuals or a devise to them as a class. It is incomprehensible to me how a Court can interpret such a gift as a class gift; and neither the language of the will, nor the reasons given by the majority support their interpretation of the testatrix’s intent.

The devise in question was mentioned four times in testatrix’s will and codicils. Testatrix in her will dated February 7, 1946, devised her residence property “to my three nieces, Edna…