Henry v. Griffith

BOULDIN, Justice.

The question of moment on this appeal is: Who should take under Item 10(b) of the will of Mary W. Lusk, deceased?

Item 10 directed the executor to convert the entire residuary estate into money, and, after payment of debts and all lawful expenses and charges, divide the net balance “into four (4) equal shares or parts.

“(a) One such share I devise and bequeath to the children of my deceased brother Thomas J. Griffith, share and share alike, and if anyone be deceased to their descendants per stirpes.

“(b) One such share I devise and bequeath to the children of my deceased sister…