Emmert v. Hearn

MURPHY, Chief Judge.

This case concerns whether, under the will of George Roberts, the bequest of “all my personal property” includes intangible as well as tangible personalty.

I

The testator died in 1981, survived by seven of his eight children. His wife had predeceased him in 1970 and a son, Richard, had died in 1971, leaving one child, Brian. The testator’s will, executed in 1977, contained the following pertinent provisions:

“FIRST: I hereby direct my Personal Representatives hereinafter named to pay all of my just debts, and funeral expenses____

SECOND: I bequeath all my personal property to…