Beech v. Parks

After the bequest of the life estate to Mary E. Cook, the will gives “the residue of my estate to my niece, Eva C. Beech.” Then follows the bequest of the residue to the grandchildren upon the death of Eva C. Beech. The first question is whether these two provisions of the will are irreconcilable.

All the parties concede that the1 language of the gift to Beech, standing alone, is sufficient to give the absolute ownership of the property to her. The majority opinion holds in effect that such language is not sufficient for that purpose because the bequest is made “in general terms, without any…