Estate of Berton

Flavien Berton was the surviving husband of decedent testatrix (her second spouse) and the executor of her will and a legatee and devisee therein. The will is in the following form, it being premised that the instrument is olographic, and that from the evidence it appears that it was written by a French woman, as may appear from the idiomatic expression:

Testatrix was the mother of two children, the issue of her marriage with her first husband, from whom she inherited *322 the estate that she disposed of by will. She married the applicant, Mr. Berton, about a year before her death. In the will above quoted it appears that after giving to each of her children $10,000 she undertakes to distribute the residue as follows: “I give the balance of my estate to my beloved husband, Flavien, and my beloved children—share and share alike; each to receive one-third”; the estate to be distributed at the time which she then undertakes to fix, the son to receive his share when he attains his twenty-fifth year, the daughter her share upon her marriage, or, if she die without issue, this share to go to her brother; and, having stated the conditions upon which these two residuary legatees shall…