In Re Benolkens Estate

1. Wills ? How beneficiaries may be described. Testatrix was privileged to describe her beneficiaries in her will by their relationship to her or some other designated individual, or by certain qualities or characteristics, or by name. 2. Wills ? Intentional disinheritance. Provision in will that testatrix intentionally omitted any bequest to two named sons was valid. 3. Wills ? Words &; Phrases, "Heir," "Heirs at law," "Legal Heirs." "Heirs," "heirs at law," and "legal heirs," are in a legal sense the same, and when such words are used in a will, they are to be taken in their technical sense, unless the context clearly indicates a contrary intention. 4. Wills ? Use of words "heirs at law" held words of "donation." The words "heirs at law" as used by testatrix in provision in will giving to each of her "heirs at law" not elsewhere mentioned or provided for in the will, the sum of one dollar were words of donation, expressing a gift. 5. Descent and distribution ? Who are heirs. No one is an heir of a living person. Such person has only "heirs apparent" or "heirs presumptive." 6. Wills ? Law of succession read into will. A gift by will to the "heirs at law" of a person determines those who are to take, the Code provisions on succession being, in effect, read into the will. 7. Descent and distribution ? Words &; Phrases, "Omits to provide." The words "omits to provide" as used in statutory provision respecting taking by omitted children as in case of intestacy mean an omission to make provision in the will and have no reference to the pecuniary value of the provision. 8. Descent and distribution ? Providing for heirs, evidence of. Any testamentary provision which affords evidence that testators child or issue of any deceased child had not been forgotten is sufficient to prevent application of statute respecting taking as in case of intestacy. Such statute was not intended to produce equality or diminish power of testator but merely to call for the exercise of power indicating testators intention with respect to share, if any, which he desires his child or issue of any deceased child to have or take in his estate. 9. Descent and distribution ? Meaning of statute providing for taking in case of intestacy. Statute respecting taking as in case of intestacy by omitted children or issue was not intended to restrict a testator or to dictate to him what provisions he should make, but is to provide for children and issue of any deceased child in event of forgetfulness or oversight on presumption that if testator had thought of them he would have intended that they should have some share in his estate. - Page 426