Clapper v. Clapper

This is a real-estate partition suit but the appeal is only from an adjudication construing a will to provide that the remaindermen (children of testator’s children) take the property per stirpes and not per capita. The parties are beneficiaries under the will of Henry W. Clapper, who died in 1917. His wife, Margaret E. Clapper, predeceased him in 1916. His will, made in 1905, provides:

1st. Directs payment of funeral expenses and debts.

2nd. Gives testator’s wife, Margaret, all of the “balance” of his personal property including cash, etc.

“3rd. I direct that the use or rental of all of my real…