Croxton's Estate

Opinion by

Mr. Justice Simpson,

In the preliminary part of the residuary clause of testatrix’s will, she says: “I direct that in case of insufficiency of funds the first-mentioned [gift of a part of the residue] be paid in full, and so on until such no longer remains possible, when the next beneficiary in order named is to receive on account of his or her or its bequest, all the balance of such funds.” There are seven separate and distinct gifts of portions of the residue, with the 4th, 5th and 6th of which only are we now concerned.

The 4th is as follows: “(d) To the Toledo Hospital, its…