This section contains the nature of the case and procedural background.

A clause in a codicil directed executors to pay out of the testator's personal estate the sum of 500 pounds a piece to each child that may be borne to either of the children of either of his brothers lawfully begotten to be paid to each of them on his or her attaining the age of 21 years without benefit of survivorship. The testator had brothers living when he died. The argument before the court was that the gift was too remote.

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