Marsh v. Wilson

Andrews, Chief Referee.

This is an action to construe the will of Florence M. McDonald. The action is brought by the executor of the will.

I am asked to construe Item II, which reads as follows:

“All of the residue and remainder of my property I give and devise in equal shares to Albert Wilson of Toronto, Canada, son of my late husband’s niece Jean Wilson; The Little Sisters of the Poor of Cleveland, Ohio and Our Lady of Peace Church of Cleveland, Ohio.”

The question presented is whether each of the three beneficiaries is entitled to one-third of the residue or whether Mr. Albert Wilson is…