McNutt v. McComb

The opinion of the court was delivered by

Smith, J.:

This case depends on the construction to be given to the will of James Burke, deceased. The will reads:

“Item first: I hereby devise and bequeath unto my beloved wife, Lucinda Burke, subject to the payment of my debts, funeral expenses, and other expenses, all my estate, real and personal and mixed.

“Item second: At the death of my said wife, I direct that whatever may then remain of my said estate be divided between my three children, Margaret J. McNutt, Alonzo Burke, and Sophia Whitmore, and my grandson James Whitmore, as follows : One-third *26t…