Whitman Winsor\'s will read in part: \"I give, devise, and bequeath all my prope
ID: 468017 • Letter: W
Question
Whitman Winsor's will read in part: "I give, devise, and bequeath all my property, real and personal, to my daughter Lucy T. Winsor . . . I deem it only right and just that my said daughter Lucy T. Winsor shall have all my property. . . because she has lived with me and cared for me for many years, and it is my will that all shall be hers." Winsor had another daughter, Caroline, who was not provided for in the will. Is Caroline entitled to an intestate share of her father's estate? Why or why not?
Explanation / Answer
Relevent Law"
R. L. (1902) c. 135, Section 19: This section says that if a person omits a name of persone intentionally in his/her will, the children will take the same share as defined in teh will unless the ommission is by mistake.
G.L.C. 191, Section 20: Will is the only evidence that specifies the testator's intent, his intent must be ascertained from the written will alone.
In the currect case the name of the second doctor was intentionally removed from the will by the testor. He gave reason for the same that the Lucy cared for him for many years and that is why he is giving full property (inheritance) to her.
The caroline will not get any share of her fatehr's estate.
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