Cole v. . Cole

We have left for solution what seems to be the most troublesome problem dealt with by the court below : Whether the testator intended to include as beneficiaries under Item Y of the will, above copied, only the children of Robert and Peggy Cole born, or to be born, prior to his death, or en venire sa mere, or to include, as well, any and all children born to them at any future time before or after his death, and whether that intention may prevail over rules of construction contended for by appellees. The directness of the issue depending upon the force and effect of the rule of construction…