This appeal is from a judgment of the United States District Court for the District of Columbia which construed a codicil to a will. We think the trial judge's construction of the testator's language was correct for the reasons given in his opinion, 1953, 122 F.Supp. 153.
BAZELON, Circuit Judge (dissenting).
I cannot agree with my brothers in following the view of the District Court that all the persons named in the codicil's residuary clause, in dispute here, share and share alike and that the shares of those who predeceased the testator be distributed to their surviving issue, if any.
This clause provides:
This language reflects a gross ambiguity since five of the twelve persons named are not next of kin, and hence would be entitled to receive nothing if the testator had died intestate, and since at least one other person who is next of kin is not named in this clause. I am unable to draw any reasonable view of the testator's intent, from the will as a whole and the surrounding circumstances, upon which to resolve this ambiguity. For that reason, I cannot escape the conclusion, despite the strong presumption against intestacy, that the codicil's residuary clause is void and the property involved thereunder should therefore pass by intestacy.