In Re the Accounting of Pross

The executors named in the will of Malky Lyons have filed their accounts and have asked for the construction of the residuary clause of that will. The attempted disposition of part of the residuary estate is patently invalid. The problem presented upon this appeal is whether such invalidity results in intestacy as to the entire residuary estate or affects only a portion thereof.

The testatrix at the time of her death had four children and each of these children had living issue. She directed that her residuary estate should be divided into four equal parts, and that one of such parts should be…