Lavender v. Rosenheim

This appeal involves the construction of the will of Mrs. Elizabeth Whalen, executed December 19th, 1889, and probated February 18th, 1891. The particular clause which we are required to interpret is the following: “J give, devise and bequeath all the rest and residue of my estate, after the payment of the above-mentioned legacies, unto the wife of my said son, Oliver E. Whalen, absolutely.” The preceding provisions' of the will need not be transcribed; it will be sufficient to state their substance and effect. The testatrix devised and bequeathed all of her estate, of every kind and nature,…