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Fleming v. First Union Nat'l Bank

Under the terms of the testator's will, the remainder interest which she left to her great-grandchildren was to be distributed per stirpes.

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This case involves the interpretation of language in the 1939 will executed by Alice Ramsey, deceased. In her will, Alice Ramsey divided her property between her two daughters and established trusts with the remainder interest of the trusts to be distributed to each daughter’s grandchildren. As to the grandchildren of Alice Ramsey’s daughter Nell Legwen, Items 4 and 6 of the will1 provided:

I give and devise unto the trustee in trust for the use of the children of Nell R. Legwen, my daughter, share and share alike, one-half the net income upon all shares of certain stock, . . . with the remainder interest in said stock to the children of the children of Nell R. Legwen, share and share alike, a child or children to take the place of his or her parent, deceased.

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