Doerr's Estate

Ladner, J.,

Two sets of exceptions are before the court. The first are the exceptions of decedent’s next of kin who contend that the residuary bequests were by the express language of the will made contingent upon the testator’s wife surviving the testator. The testator, after appointing executors to administer his estate, directed them “to expend the whole income for the maintenance of my wife, Beatrice Y. L. Doerr, should she survive me and further, if necessary, to expend part of the capital therefor.” Then follows the provision in controversy, viz, “I further direct, in the event of her…