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Wills and testamentary papers


Copy will (with case for opinion of counsel attached, 1868) of John Smith, Old Stratford, yeoman: To Sarah Wrench, wife of Joseph, Hunningham, labourer: 19 gns. To brother Job Smith, Leamington, labourer: rents and profits of real estate for life : wearing apparel : residue of personal estate To Sarah Smith, niece by marriage: oak chest of drawers, close stool and clock. To niece Ann Smith: watch, chest of drawers and half furniture. After death of brother Job - premises to be sold and money divided among surviving nephews and nieces. Executors: William Warrilow, Stratford-upon-Avon, schoolmaster; nephew John Smith, Leamington Spa. Witnesses: W. Bennett, George Barnhurst. 23 March 1868 Case, with opinion. Testator died 20 June 1864, will proved 9 August 1864, leaving 7 nephews and nieces. Job Smith died 4 March 1868 at which date only 5 nephews and nieces alive. Who are entitled? Those alive at death of testator (and heirs) or those alive at death of residuary legatee? cf ER5/85.