Friedman v. Marshall

CROW, Judge.

This is a will construction case.

Max Hirschowitz (“Max”1) signed his last will and testament in 1948. At that time, he had a wife, Mary Hirschowitz (“Mary”), and four children: Philip Hirschowitz (“Philip”), Abram Hirschowitz (“Abie”2), Louie Hir-schowitz (“Louie”), and Anna Friedman (“Anna”).

The will contained several devises of real estate. One was Article Third, which devised a parcel (“the subject tract”) to Philip.

Article Fifteenth of the will provided:

“It is my will and I direct that in the event any of my heirs die without issue the real estate hereinabove bequeathed unto…