Peoples Nat. Bk. of Elizabeth v. Tipper

The bill is filed by the executor for an interpretation of the will of Christopher J. Tipper, deceased, and directions in regard thereto. The issue for determination is whether, under the will in question, the testator's homestead at 1248 Clinton place, passes to his widow or passes under the residuary clause of the will to the widow and six children (all daughters) in equal shares. The executors have a power of sale over all real estate.

After providing for debts, funeral expenses and one or two small bequests, the will proceeds as follows:

"Third — My homestead at No. 1248 Clinton Place is…