Estate of Fisk

Maude Bryant Fisk appeals from a decree of partial distribution, claiming that the' interpretation placed upon the residuary clause in the will of the testatrix was erroneous, for the reason that the decree provided for an equal division of the property among five persons named in the residuary clause, whereas it should have given one-half thereof to appellant, and distributed the other half to William Dunn, Aida Furst, Charles Dunn, and Clarence Dunn. In other words, that appellant should have received thirty thousand dollars instead of twelve thousand dollars of the sixty thousand dollars distributed. The residuary clause in the will reads as follows: “All the rest and residue of my estate both real and personal shall be divided equally between my daughter-in-law Maude Bryant Fisk, and the four children of my late husband’s sister, Mrs. W. Dunn, viz., William Dunn, Aida Furst, Charles Dunn, and Clarence Dunn, except the memorandum of the following articles to be distributed by my son’s widow, Maude Fisk. . . . ” Appellant’s contention is largely based upon the use of the word “between” and the phrase “children of my late husband’s sister, Mrs. W. Dunn.” The argument advanced is…