WANT THE WILL CONSTRUED

WANT THE WILL CONSTRUED

Markham-Heris Unable to Determine

WHO ARE LEGATEES

Under the Will - Does Granddaughter Have Equal Share With Children in Residue

The probate court was occupied Wednesday with a case growing out of the will of the late Augustine H. Mackham. There is just one provision of the will the construction of which is in dispute. The portion of the estate to be divided at this time amounts to about $4,500.

Mr. Markham left five children living and one grandchild. The children are Jennie E. Cheever, Herman C. Markham, Emma Wyckoff, Marcus A. Markham, Mary M. Ames and Emma G. Myrick, the daughter of a deceased daughter of Mr. Markham.

The specific bequests of the will are that each of his children and the grandchild should receive $500 and the widow the remainder of the estate during her life time. THis portion of the will indicates an intention on the part of the maker to treat the heir of his deceased daughter just the same as his own children in the matter of the special bequests.

The will likewise provides farther along that upon the death of the widow the residue of the estate shall be divided equally, share and share alike, among his children. The dispute arises over the question of as the whether the granddaughter is included in this division of the residue of the estate. She naturally thinks she is and some of the other heirs appear to think differently and hence the contest now on in the probate court. If Mrs. Myrick is to be included in the division of the residue of the estate now to be divided it means that each will receive something like $750, while if she is excluded from this division each will receive about $900. The hearing has not yet been finished.