Under the terms of a 1977 Will, ‘A’ is bequeathed a life interest in the deceased’s property. On 'A’s death her daughter ‘B’ is bequeathed a life interest in the property. ‘A’ although elderly is still alive and in occupation of the property. ‘B’ is also still alive. On the death of ‘B’, the 1977 Will states that the property is bequeathed to “the youngest of my issue living at the date of her death in fee simple”.
Whilst the deceased had children, none of them were left anything under the Will and the residue of the estate passed to the deceased’s grandchildren.
We are trying to establish the intention of the testator as to whether “the youngest of my issue” applies to all of his descendants or was it intended to be limited only to the children of the deceased?
The solicitors who drafted the Will no longer have a file and so are unable to assist.
A M Forster