Estate of Minor

Appeal from decree of distribution. The questions presented for discussion require an interpretation of the residuary clause in the will of the decedent. The estate consists of both real and personal property, all situated in the state of California.

On the second day of April, 1898, when the will was made, the decedent, Mary T. Minor, was the widow of Samuel Minor, deceased. All of the estate came to her from him, under his will. At the date when Mrs. Minor’s will was made there were living two sisters of Samuel Minor, whose names were Mary M. Huxley and Emily J. Benham. His two brothers, John B. Minor and Henry Minor, died prior to April 2, 1898. John B. Minor left, him surviving, a son, John B. Minor. Henry Minor left, him surviving, three daughters. Mary T. Minor died January ,31, 1906, leaving no surviving husband nor any descendant. Emily J. Benham died June 7, 1904, leaving no surviving husband nor any descendant. Mary M. Huxley died December 2, 1904, leaving two children.

[1] The will of Mary T. Minor, after disposing of part of her estate by certain provisions, contains in the third paragraph of the will the following: “2nd. The remainder I give, devise and bequeath as…