Estate of Murphy

The will of Denis B. Murphy contained, among other provisions, the following residuary clause:—

The will was admitted to probate and in due time the executors thereof petitioned for a distribution of the estate. The petition set forth the will of deceased and referring to the clause thereof above quoted alleged that William D. Flynn, named therein as one of the residuary legatees of the estate of decedent, had died prior to the death of the testator, and then with reference to said clause in the will it was alleged: “That the intention of said decedent in said will was to devise and bequeath the residue of his estate to the said Timothy J. Flynn, William D. Flynn, Mary Jane Logan and Kate I. Prendergast as a class, namely, as the children of his said sister, and to those of said class only who should be living at the death of the said decedent, and upon the death of the said William D. Flynn during the life of the said decedent, the said Timothy J. Flynn, Mary Jane Logan and Kate I. Prendergast became and are the sole survivors of said class, and are entitled to the whole of said residue.”

Certain nieces and nephews of the deceased, claiming to be among his heirs at law,…