Appellate Division of the Supreme Court of the State of New York July 1, 1903 (McGuire v. McGuire)

Hatch, J.:

This action was brought by the executor and trustee for the construction of certain portions of the will of the deceased. That portion of the will which was presented to the court for construction related to both real and personal property and was as follows: “ I hereby give, devise and bequeath all the rest, residue and remainder of my estate of whatsoever kind or nature and