Miller v. Smith

The purpose of this suit is to obtain a construction of paragraph 6 of the last will and testament of Sarah Kennedy, deceased. The will was executed on June 1, 1938. The testatrix died on March 8,1944. The contest is between the grand nieces and nephews of the testatrix over whether the residue of the estate should be distributed per capita or per stirpes.

The paragraph of the will in question is as follows:

“Upon the death of my said sister, Mary Ken-edy, it is my will and I do direct that my said executor and/or my said trustee shall dispose of the assets belonging and/or remaining in my said…