Hawaiian Trust Co. v. Wilder

DISSENTING OPINION OE

LEWIS, J., IN WHICH WIBTZ, J., JOINS.

The first point for consideration is the direction in Article First of the will that testatrix’ executor pay her debts and funeral and administration expenses, and also “pay out of my residuary estate” all the estate and inheritance taxes. The court below held, and correctly so, that by “residuary estate” in this article the testatrix meant Article Sixth, appearing on pages 12-15 of her will, which provided:

“Sixth: I give, devise and bequeath the rest, residue and remainder of my property, wherever situated and of whatever nature,…