Estate of Langdon

The deceased, Hora Langdon, died testate, leaving a will which contained, among other provisions, the following: “Eighth. All the rest and residue of my estate I give, devise, and bequeath unto my nephews, Callaghan Byrne, J ames W. Byrne, and Fred Byrne, in equal portions.” In due course of administration J. W. Byrne and Callaghan Byrne, two of the aforesaid nephews, filed a petition for distribution, setting forth a copy of the will, and alleging that the estate was ripe for distribution. This petition further alleged that Fred Byrne, the third of the aforesaid nephews, died prior to the death of the testatrix, leaving no lineal descendants, and that said Fred Byrne and petitioners were the only children of Margaret Irvine, a sister of the testatrix. The following important allegation then follows: “That the intention of the said testatrix in the eighth subdivision of said will was to devise and bequeath the residue of her estate to the said Callaghan Byrne, James W. Byrne, and Fred Byrne as a class—namely, as the children «of her said sister, Margaret Irvine, and to those of said class only who should be living at the death of said testatrix; and upon the death of said Fred…