Carr v. Stradley

I

Ceiebeezze/J.

Appellants Canning and Hurst, testator’s surviving sibling beneficiaries/ argue in case No. 77-6, that the language of ítem IV expresses the testamentary intent for the entire income to be distributed to them, with the monthly payments of $400 each being minimum amounts only. In the alternative, they contend that there is no provision in the will relative to the disposition of the excess income, ánd such excess income should therefore pass to the siblings as intestate property.

In reviewing will construction cases this court has repeatedly observed the well-settled general rules…