Reports of Cases Argued And Determined in the Court of Chancery of the State of New York

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309. Gardner v. Heyer, 2 Paige's Rep. 1 1 Hussey v. Berke- ley, 2 Eden's Rep. 194.) The words nephews and nieces, lijjewise, in their primary and ordinary sense, mean the im- mediate descendants of the brothers and sisters of the person named ; and do not include grand-nephews and grand-nieces, or more remote descendants. {Falkner v. Butler, Amb. Rep.
514. Shelly v. Bryer, Jacob's Rep. 207.) But there are sev- eral circumstances, in the case now under consideration, from which it may fairly be
...inferred that the testator, in the fourth clause of his will, used the words nephews and nieces in a sec- ondary sense; so as to include the more remote descendants of his sister Elizabeth, except her grandson John Cromer. The fact that the testator excepts John Cromer by name, be being a grand-nephew only, from the class of nephews and nieces to whom he gave legacies of $500 each, and that he also gave a pimilar legacy to his children collectively, by the description of Ihe children of his nephew John Cromer, very clearly shows he 476 CASES IN CHANC-SRY [Jume 29' Cromer v.

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