Estate of Clarke

By the second paragraph of the will of the testator eleven different legacies were bequeathed to as many different persons “to be distributed in the due course of the settlement” of his estate. The ninth paragraph of the will provided as follows:

One of the eleven legatees mentioned in the second paragraph of the will died before the legacy left to her could be “distributed in the due course of the settlement” of the estate.

On each of two petitions presented to the probate court for the purpose of having construed the various provisions of the will to which reference has been had, as well as to settle the final account of the executor of the will and to provide for the distribution of the estate, the court made findings and rendered judgment thereon in substance that the effect of the language of the will by which in the second paragraph thereof (as hereinbefore indicated) each of eleven different persons was bequeathed a specified sum of money “to be distributed in the due course of the settlement” of the estate, was to immediately .vest in each of such legatees the sum of money so bequeathed to him, and that on the distribution of the estate, of whatever date, he was entitled…