of Gardner v. Gardner

Yan Fleet, Y. C.

The object of the bill in this case is to procure a construction of the will of William Gardner, deceased. The testator, after making certain specific bequests, and giving several pecuniary legacies of fixed amount, and directing the payment of his debts and funeral expenses, directs as follows :

A testator, possessed of only personalty, gave “ all the rest, residue and remainder of my goods, chattels, stock in trade, estate and effects of what naiure or kind soever,” O’ Toole v. Browne, 3 E. & B. 578. One having only the possession of lands in B., and owning neither lands nor…