I agree that, although not felicitously worded, the provision is sufficiently clear and the great nephews will take when they reach 21 (if not already of that age).
Do we know why the dissenting family member questions this? Perhaps they are thinking that ‘issue’ is restricted to meaning only children.
The fact that the deceased’s brother was dead when the Will was executed may seem relevant to the dissenting family member, but in fact is of no significance as the Will anyway ‘speaks from date of death’.
Barry Abrahamson
Abrahamson & Associates