New York Supreme Court February 15, 1863 (Lee v. Lee)

Ingraham, J.

The testator directed the residue of his estate to be divided between his brother William and the children of his deceased sister Ellen, and the daughter of his brother John, in equal proportions, “ share and share alike.” The surrogate decreed a distribution among the legatees per capita, giving each of the nephews and nieces an equal share with the brother.