Estate of Pfadenhauer

This is an appeal from a decree establishing who are entitled to distribution under a will executed by the deceased in 1939. At that time her nearest kindred were two sisters, Susan Dennis and Kate Armstrong. In her will the testatrix left $100 to her church and provided that the remainder of her estate should go as follows: A one-third interest to her sister Susan Dennis, a one-third interest to her sister Kate Armstrong, a one-sixth interest to her niece Dora Kirby, and a one-sixth interest to her niece Marguerite O’Reilly.

The fourth paragraph of this will reads:

The testatrix died on October 30, 1950, leaving no spouse and no-issue, and both Susan Dennis and Kate Armstrong had died before that date. Kate Armstrong was survived by her daughters Dora Kirby and Marguerite O’Reilly, who were both living when the testatrix died. The lineal descendants of Susan Dennis, who were living at the date of the death of testatrix, included a son, five daughters and four- children of a deceased son.

The will was admitted to probate and in due course Marguerite O’Reilly filed a petition for a determination as to the persons entitled to distribution, alleging that she and Dora Kirby are…