Morgan

The administrator with the will annexed of the above estate presented to the superior court a petition for the distribution of the estate, alleging therein that the residue thereof was bequeathed by the decedent to her husband, Thomas Stratton. This distribution was contested by the respondent herein, and, upon the hearing of the application, the court distributed the residue in the hands of the administrator to him. We are of the opinion, however, that upon a proper construction of the will, the testatrix intended that her husband should be the residuary legatee of her estate.

The will is an olographic one, and the following is a copy thereof:

From the foregoing copy of the will it will be seen that, after apportioning her personal belongings to some of her female friends, she mentions the respondent, to whom she gives a large mirror, and then, as if to give a reason for making him one of her beneficiaries, says: “ He has been a good young man to us.” She then specifies certain other articles of furniture to be given to him, and, after enumerating these articles, inserts after them the following clause: “I reserve the right to sell any article if we need the money.” This clause…