In Re Estate of Sullivan

This is an appeal from a first and final account and order of final distribution. The sole question presented is the construction to be given the terms of a will. The decedent executed his will October 25, 1928. Thereafter, on September 9, 1930, Ralph Timothy Sullivan was born. The decedent, after making provision for a nephew and niece, devised the residue of his estate, share and share alike, among four kindred, one of whom was appellant’s father Ralph Timothy Sullivan. The father died December 27, 1929, and deceased testator on April 21, 1937.

It was contended by the administratrix at the…