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Sub-clause 3(i): Under sub-clause 3(i)
Sub-clause 3(i): Under sub-clause 3(i):
does the use of the word 'surviving' mean that the descendants of Jean Such, Boyde Clarke, John Clarke, Eric Clarke and Victor Clarke do not participate/benefit at all?
do Audrey Clarke (D1), Alice Smith (D2), Florence Pearson (D3) and Denise Clarke (D4) (the 4 surviving sisters-in-law of the Testatrix) benefit under sub-clause 3(i) in equal ¼ shares (to the exclusion of all others)?
precisely what assets (if any) fall to be distributed under sub-clause 3(i)?
how are the words 'my estate' to be construed?
> should such words be given their ordinary and natural meaning?
> alternatively, should such words be construed restrictively and narrowly as meaning just the proceeds of the Testatrix's house (£147,592)?
> In the further alternative, should such words be construed as meaning everything in the Testatrix's estate, save and except her saving account(s) with Santander?
the gift in sub-clause 3(i) is 'in equal shares', rather than ‘in equal shares absolutely’ - does this carry any relevance at all, and if so, what relevance?