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A person, after bequeathing by testament, certain legacies to several of his relations by name appointed the residue of his fortune to be divided “equally among the relations not herein named.” The nearest relation not named in the testament, though a large legacy had been left to his children, claimed the whole residue, pleading, That it could never be the testator's intention to divide the surplus among the whole of his relations, to the remotest degree, who were not named; and that he, being confessedly the nearest who was not named, was justly entitled to that remainder. Answered, The pursuer, though no legatee himself, was expressly named in the testament; and his children having got a very large legacy, it could never be supposed to have been the testator's intention, that he and his children should have almost the whole succession.—The Lords repelled the pursuer's claim.
Fol. Dic. v. 3. p. 378. Fac. Col.
*** This case is No 12. p. 6599. voce Implied Will.
