Executors of Burnet v. Burnet

The Vice-Chancellor.

The bill in this case seeks a construction of the residuary clause of the will of Eliza Ann Burnet, deceased. That clause reads as follows:

“ If anything should remain after paying legacies and expenses of settling my estate, I authorize my executor to divide it between the children of Joseph H. Burnet and Benjamin F. Howell.”

Benjamin F. Howell attested the execution of the will as one of the subscribing witnesses, consequently, if he is one of the legatees designated, the gift to him is void by statute (Rev. p. 1244). He has two children, both born prior to the making of…