Cole v. Bailey

We are called upon to decide whether a testator intended his residuary estate to go to his nephews and nieces in equal shares or whether he intended, as the chancellor found, that one nephew, the only child of his sister, should take one-half, and the other seven, children of his brother, should take the other one-half in equal shares.

The will gives the rest and residue to a corporate trustee in trust to pay the income to the testator’s wife for life and directs that at her death the principal and accumulated income “shall be divided equally between my nephews and nieces, children of my…