Estate of McKay

The two appeals in this case are from decrees of partial distribution made upon the separate petitions therefor of the respondents herein, Horton L. McKay and Ethel M. Newman, formerly Ethel M. McKay. The testator, Angus McKay, made his last will and testament, which was duly admitted to probate, and thereafter, in the course of such probate proceedings, the petitions for partial distribution above referred to were filed. The will of Angus McKay is, in point of brevity, and, with the single exception in respect to which it is assailed herein, in point of clarity, a model. The devising portion of said will is the second paragraph thereof, which reads as follows:

The point of the appellant’s assault upon this will is directed to the concluding clause of the above paragraph thereof, it being the contention of the appellant that the phrase “to each of my children Horton L. McKay and Ethel M. McKay the undivided four-filths (4/5ths) part thereof” renders the entire will void for uncertainty, because a strict, literal, and grammatical interpretation of said clause would result in an attempted disposal of nine-fifths of the testator’s estate. [1] It is undoubtedly settled law relative…