Wiseman v. Phipps

We are asked to construe the ninth article of the will of the above-named decedent, which reads as follows: “ Ninth. I give and bequeath to J. F. Clark, my gardener, Five thousand dollars, ($5,000), and to every domestic servant not herein named who is in my employ at the time of my decease and who at that time has been in my employ continuously for seven (7) years or more, Two thousand, five hundred dollars, ($2,500).”

The plaintiff has brought this action against the executors of the will of Ogden L. Mills to recover a legacy of $2,500 given to domestic servants on the ground that he was a…