Good law ✅— No negative treatment on recordhow we know
Decided 1944-04-03
How this case has been cited
Cited by 9 later decisions — most recently May 2003
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
(dissenting). The residuary devise or bequest was to the executor, as such, with beneficiaries thereunder at his determination and, therefore, void. No- title vested in the executor apart from his office for the will in the very next paragraph provided :
*449
“I direct that all of my property of which T may have title at the time of my death fie sold and the proceeds disposed of as above outlined.”
¶2
It was clearly the expressed intent of the testator to constitute the mentioned residue a constituent part of his estate and, no valid disposition thereof being made by the will, the mentioned residue stands intestate.
¶3
The decree in the circuit court should he reversed and the intestate residue administered in the probate court. Defendants should recover costs.
