Division into shares does not prevent class gift

The testator’s holographic will gave his estate to “my nieces and nephews and to [his wife’s] nieces and nephews” and an unrelated person identified by name.

The will went on to direct division of the estate into 15 equal shares and stated that the nieces and nephews and the non-relative were each to receive one share.

The testator later wrote a holographic codicil which removed the non-relative and two nephews from the will.

The court construed these provisions as creating a class gift so that the nieces and nephews (other than the two nephews removed by the codicil) living at the testator’ death divided the estate.

Estate of Womack, No. 07-07-0446-CV, 2008 WL 2223196 (Tex. App. May 28, 2008).