McCaul's Estate

Stearne, J.,

The single question in this case is: Did the Auditing Judge correctly interpret the will of Margaret McCaul?

Exceptants contend that the Auditing Judge erred in declining to accept their view that a mark of apparent punctuation was intended as a period. If so considered, its effect, it is claimed, is to give the surviving sister a life estate, and then a fee subject to her own life estate.

The clause reads as follows:

“To my sister Sarah McCaul, if she survives me, I give the net income arising therefrom for and during the term of her natural life and all my rights title and interest…