Estate of Skerrett

I am inclined to think that this matter really hinges on the question whether this property shall be treated as real property. I do not think that one part of Mr-Burnett’s argument is sound; it is specious, but unsound. The "intention of the testator—gathered from the terms of the instrument, the will—is to distribute the proceeds. What was meant to leave to the discretion of the Cardinal is the distribution of the money, because it could not reasonably be *555 imputed to her that she meant that he was to distribute the real estate; and, if there is anything to be gathered from that instrument, it is that in his discretion he was to distribute the proceeds among the poor—that is what I should say would be a reasonable construction of the language of the will, taking it according to the rules of construction laid down in the statutes, the surroundings and so on, and I have only to repeat now, what I said the other day, so far as construing this will is concerned, it is a question whether it is for this court to make the construction, or the court of principal jurisdiction. The court of principal jurisdiction would deal with the rights of the creditors and other parties within the…