Definition of "my issue"

Paul

The word “issue” is not used elsewhere in the Will.

As you say, the terms of the Will leapfrog the testator’s children as the grandchildren received the residuary estate and it would seem inconsistent to then benefit the testator’s youngest child.

We will consider Vol 1 Chapter 76 of Williams on Wills and try to find the essay by Francis Barlow to see if that helps establish that the testator’s intention was indeed that the word “issue” in his Will refers to all his descendants. If that was likely the testator’s intention, we can then seek agreement of that view from the children of the testator (anyone one of whom could otherwise potentially benefit as being the youngest at B’s death) or to seek an opinion from Chancery counsel.

Thank you all.

Adrian Forster
Hibberts LLP