Culver v. Union & New Haven Trust Co.

In my judgment the result reached by the majority opinion does not effectuate the intent of the testator as to the distribution of his residuary estate. He directed that his “next of kin . . . including both first and second cousins of myself who shall be surviving at the termination of the residuary trust” should receive the fund, sharing equally and per capita. The term “next of kin” was manifestly used in its colloquial or popular rather than the strictly legal sense, since the latter would only include his one surviving cousin and he expressly included second cousins. The main question is…