Will of Bray v. Crawford

Paragraph “Second” of the will provided that upon the death of the testator’s wife distribution should be made of the principal of the trust fund “to my heirs and next of kin in equal shares” excepting the sister, Mary. The trial court, in its last judgment, from which the present appeal is taken, has in effect construed this provision of the will to require a per stirpes, and not a per capita, distribution of the trust estate among Etha Doheny (the sole survivor of the four persons constituting the next of kin and heirs at law of testator at the time of his death) and the heirs of the three…